Loss of Consortium

Loss of consortium is a personal injury damages claim that compensates a spouse or, in some jurisdictions, other close family members for the loss of the benefits of their relationship with an injured or deceased person. The consortium of a marital relationship includes not only physical intimacy but also companionship, affection, emotional support, services, assistance with household tasks, and the general intangible value of a spouse's presence and participation in family life. When a serious injury or death deprives a spouse of these benefits, the loss of consortium claim provides a legal avenue for compensation.

Historically, loss of consortium was exclusively a derivative claim available only to the non-injured spouse in a marriage — a relic of a legal system that treated wives as their husbands' property. Modern law has substantially expanded loss of consortium principles. Most states now allow either spouse to bring a loss of consortium claim. Some states have extended loss of consortium claims to registered domestic partners and, in certain circumstances, to children (for the loss of a parent's companionship and guidance) and to parents (for the loss of a child's companionship).

To succeed on a loss of consortium claim, the consortium plaintiff must prove that their relationship with the injured person was strong and loving prior to the injury, that the injury was caused by the defendant's negligence, and that the injury has significantly diminished the quality of the marital relationship. Evidence typically includes the couple's own testimony, testimony from friends and family who have observed changes in the relationship, and sometimes expert testimony from marriage counselors or psychologists who have treated the couple.

Loss of consortium claims are derivative — meaning they derive from and depend upon the success of the underlying personal injury claim. If the injured spouse's claim is barred — for example, by a statute of limitations or by a finding of contributory negligence — the loss of consortium claim is typically barred as well. The damages for loss of consortium are non-economic in nature and are therefore subject to any state caps on non-economic damages. In severe injury cases, loss of consortium awards can be substantial, particularly where the injury has virtually eliminated the marital relationship.