What Loss of Consortium Covers
- Loss of companionship: The companionship, comfort, and society the injured spouse can no longer provide
- Loss of affection: The emotional connection and expressions of love that are diminished by the injury
- Loss of sexual relations: This is specifically recognized as a component in many jurisdictions
- Loss of household services: The practical contributions to the household the injured spouse can no longer make
- Loss of guidance: For parent-child claims (where recognized), the loss of a parent's guidance and nurturing
Who Can Make a Loss of Consortium Claim
Historically, loss of consortium was limited to spouses. Many states now allow other family members to claim consortium loss in certain circumstances:
- Spouses are recognized in virtually all states
- Children (particularly for parent-child consortium claims) are recognized in some states
- Parents (for a seriously injured child's consortium) are recognized in a growing number of states
- Some states have extended consortium rights to domestic partners
The availability and scope of consortium claims varies significantly by state.
Frequently Asked Questions
How is loss of consortium calculated?
There is no fixed formula. Juries and mediators consider the nature and duration of the relationship, the severity and permanence of the injury, the specific impact on the couple's relationship, and testimony from both parties. Loss of consortium damages can range from modest amounts to substantial sums in cases involving permanent, severe injuries.
Does the uninjured spouse have a separate claim?
Yes. Loss of consortium is typically a separate and independent claim by the uninjured spouse, not just an add-on to the injured party's claim. The uninjured spouse must prove that the injury caused specific harm to their relationship. If the injured party\'s claim is barred for some reason, the consortium claim may also be affected.
Does loss of consortium apply if the couple divorces after the accident?
In most states, loss of consortium is evaluated at the time of the injury and the claim survives even if the couple later divorces. However, divorce can affect the credibility and value of a consortium claim — especially if it is alleged the divorce resulted from the injury versus pre-existing issues.
InjuryClaimSource is an educational resource for accident victims. We are not a law firm and do not provide legal advice. Information on this site is for general informational purposes only. Laws vary by state. Always consult a qualified personal injury attorney in your area.