Personal Injury · Haute Lawyer Network
What Is Loss of Consortium in a Personal Injury Case?
Last reviewed: June 2026
Loss of consortium is a legal claim available to the spouse — and in some states, the children or parents — of a seriously injured person. It seeks compensation for the loss of companionship, affection, support, and intimacy that the injury caused to the relationship.
Loss of consortium is a derivative claim — it flows from the injured person's underlying claim and can be brought alongside it but not independently.
Both spouses typically file in the same lawsuit, with the injured spouse claiming their direct damages and the uninjured spouse claiming loss of consortium.
Damages for loss of consortium are non-economic — there is no precise dollar value for the loss of a loving relationship — and can be substantial in cases involving severe, permanent injuries.
Frequently Asked Questions
Who can bring a loss of consortium claim?
Spouses in all states. Many states extend the claim to minor children who lose parental companionship due to a parent's injury. A few states allow parents to claim for the loss of a child's companionship.
Can I bring a loss of consortium claim if my partner and I are not married?
In most states no — loss of consortium is limited to legally married spouses. A small number of states extend it to registered domestic partners.
Does a loss of consortium claim require proof of a physical relationship?
No. Loss of consortium encompasses all aspects of the marital relationship — emotional support, companionship, society, and assistance — not only sexual relations.
Can a loss of consortium claim be settled separately from the primary injury claim?
Yes. Both spouses have independent claims and can settle or try them separately, though they are typically resolved together.
Does the injured spouse's comparative negligence affect the loss of consortium claim?
Yes. If the injured spouse was partially at fault, the loss of consortium claim is reduced by the same percentage.
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