A loss of consortium claim lets the spouse (and, in some states, other close family members) of a seriously injured person seek compensation for what the injury took from them — the lost companionship, affection, household help, and often the intimate relationship they had before the accident. It's not a claim for the injured person's own pain or medical bills; it's a separate, "derivative" claim that belongs to the family member and rises or falls largely with the underlying injury case. Some states cap these damages or limit who can bring them, so the details depend heavily on where the injury happened.
What "loss of consortium" actually means
"Consortium" is an old legal word for the bundle of things people expect from a marriage or close family relationship: companionship, comfort, affection, household contributions, and — where relevant — a physical relationship. When one spouse is severely hurt by someone else's negligence, the other spouse can lose all of that, even though they weren't physically injured themselves.
Courts recognize that a catastrophic injury doesn't just harm the injured person. A spouse who now has to become a full-time caregiver, who has lost a partner's help around the house, or whose marriage has been fundamentally changed by the injury has suffered a real loss too. Loss of consortium is the legal mechanism for compensating that loss.
Typical elements a jury or insurance adjuster may consider include:
Loss of companionship, society, and affection
Loss of household services the injured spouse used to provide (childcare, home maintenance, cooking, etc.)
Loss of sexual relations
Emotional distress from watching a spouse suffer or from a fundamentally altered marriage
In some states, the loss of the injured spouse's day-to-day contribution to the household (note that the injured person's own lost wages are usually recovered as part of their own economic damages, not through the consortium claim)
Who can bring the claim
Historically, only a legally married spouse could bring a loss of consortium claim. That remains the general rule in most states today. Some states have expanded it further — allowing, in certain circumstances, a parent to claim loss of a child's companionship or a child to claim loss of a parent's companionship — but this is far from universal and the rules vary a great deal from state to state. Unmarried partners, no matter how long-term the relationship, generally cannot bring this specific claim in most jurisdictions, though a few states have carved out narrow exceptions.
Because these rules differ so much by state, don't assume you either can or can't bring this type of claim — ask a lawyer licensed in the state where the injury occurred.
It's a "derivative" claim — what that means for you
Loss of consortium is called a derivative claim because it depends on the underlying injury claim. A few practical consequences follow from that:
No underlying liability, no consortium claim. If the injured spouse can't prove the other party was legally at fault, the consortium claim generally fails too.
Comparative or contributory fault can reduce it. Most states use some form of comparative fault, where a jury reduces damages based on the injured person's own percentage of fault; a minority of states still follow stricter contributory fault rules that can bar recovery entirely if the injured person was even partly at fault. Because the consortium claim rides along with the injury claim, the injured spouse's fault percentage typically reduces (or in contributory-fault states, can wipe out) the consortium award as well.
It's usually filed together, in the same lawsuit. The spouse's consortium claim is typically brought alongside the injured person's claim, in the same case, against the same defendant(s).
Settlement of the main case usually resolves it. If the injured spouse settles or the case is dismissed, the consortium claim generally goes with it, which is why both claims are normally evaluated and negotiated together.
Do damage caps apply?
In some states, non-economic damages (the category that includes pain and suffering and loss of consortium) are capped by statute, especially in medical malpractice cases. Other states cap non-economic damages more broadly, and some states have no cap at all or have had caps struck down by their courts. Because this varies so much — and because the rules change over time as legislatures and courts revisit them — there is no reliable general number to give here. If a cap might affect your case, ask your attorney what the current rule is in the state where you're filing, and don't rely on anything you read online (including here) as the final word.
How it's valued
There's no receipt for loss of companionship, so these damages are inherently subjective. Insurance adjusters and juries typically look at factors like:
How severe and permanent the injured spouse's injuries are
How the couple's daily life, roles, and relationship have changed
The length and quality of the marriage before the injury
Whether the couple lives together and how much day-to-day interaction has been lost
Documented changes — testimony from the spouse, family, friends, and sometimes a mental health professional
Because it's subjective, a well-supported loss of consortium claim usually needs more than a bare assertion. Adjusters and juries respond better to specific, concrete examples than to general statements like "our marriage isn't the same."
What to do if you're considering this claim
Talk to your spouse's personal injury attorney first. Most personal injury lawyers who represent the injured person can evaluate whether a consortium claim makes sense in the same case, since the two claims are usually handled together.
Don't wait too long. A consortium claim generally has its own filing deadline (statute of limitations), and it can be shorter, longer, or the same as the injured person's deadline depending on the state — sometimes it must be filed within the same lawsuit to avoid being lost entirely. Confirm the specific deadline with a lawyer in your state as soon as possible; this is genuinely time-sensitive and not something to guess at.
Keep a record of how the injury has affected your relationship and daily life. Notes on lost household help, canceled plans, caregiving duties you've taken on, and changes to the relationship can help support the claim later.
Be honest about the marriage's condition before the injury. Defense attorneys will look into the relationship's history; a consistent, honest account holds up better than an exaggerated one.
Understand it will likely settle with the main case. Most personal injury cases, including any attached consortium claim, resolve through settlement rather than trial. Ask your attorney how the consortium portion is being valued within any settlement offer.
Ask about fees up front. Consortium claims are typically handled under the same contingency fee arrangement as the main case — commonly around one-third of the recovery, though this varies by firm and by state — so there's usually no separate upfront cost to add the claim.
A note on taxes
Compensation for physical injuries and physical sickness is generally excluded from federal taxable income under 26 U.S.C. § 104(a)(2). Because a loss of consortium claim is tied to a spouse's physical injury, settlements or verdicts for it are generally treated the same way for tax purposes, though how a settlement allocates money between different categories of damages can matter. If a settlement is sizable or complicated, it's worth a quick conversation with a tax professional before you finalize anything.
Key takeaways
Loss of consortium belongs to the uninjured spouse (and occasionally other close family, depending on the state) — it compensates for lost companionship, help, and intimacy, not the injured person's own pain or bills.
It's a derivative claim: no fault against the defendant on the underlying injury, generally no consortium recovery, and the injured spouse's own share of fault can reduce it too.
Whether damage caps apply, and how much, depends entirely on the state and sometimes the type of case (like medical malpractice) — always confirm the current rule locally rather than assuming a number.
Filing deadlines can be strict and sometimes tied to the main case; don't delay in asking a lawyer about the timeline.
These claims are almost always handled together with the injured spouse's case, by the same attorney, under the same contingency fee structure.
Frequently asked questions
Can I file a loss of consortium claim if we're not married but have lived together for years?
In most states, no — the claim traditionally requires a legal marriage. A small number of states have recognized narrower exceptions, so it's worth asking a local attorney, but don't assume a long-term unmarried relationship automatically qualifies.
Does loss of consortium apply if my spouse died from the injury?
If the injury led to death, the claim generally shifts into a wrongful death action, which has its own rules and often its own separate damages for the surviving spouse and family, rather than being pursued as a standalone loss of consortium claim. A wrongful death claim also typically has its own filing deadline, so speak with an attorney promptly.
How much is a loss of consortium claim usually worth?
There's no fixed formula — it depends on the severity of the injury, how the relationship and daily life have changed, and how strong the evidence is. It's also often affected by any state damage caps on non-economic damages, which vary widely, so a lawyer evaluating your specific facts and state law is the only reliable source for a realistic range.
Do I need my own lawyer separate from my spouse's?
Usually not. Because the claim is derivative and typically filed in the same lawsuit, the attorney representing the injured spouse commonly represents the consortium claim as well. Ask directly whether the firm is including it and how it affects any fee agreement.
Will pursuing this claim slow down or complicate my spouse's case?
It can add some complexity — the defense may ask about the marriage's history and dynamics — but it's routinely handled alongside the main injury claim without significantly delaying settlement or trial in most cases.
This article provides general information only and is not legal advice; consult a licensed attorney in your state about your specific situation.
Frequently asked questions
Can I file a loss of consortium claim if we're not married but have lived together for years?
In most states, no — the claim traditionally requires a legal marriage. A small number of states recognize narrower exceptions, so ask a local attorney rather than assuming.
Does loss of consortium apply if my spouse died from the injury?
If the injury led to death, this generally becomes a wrongful death claim with its own rules and deadlines, rather than a standalone consortium claim.
How much is a loss of consortium claim usually worth?
There's no fixed formula. It depends on injury severity, how daily life and the relationship changed, the evidence presented, and any state damage caps that may apply.
Do I need my own lawyer separate from my spouse's?
Usually not — the claim is typically handled by the same attorney in the same lawsuit as the injured spouse's case.
Will pursuing this claim slow down my spouse's case?
It can add some complexity, since the defense may probe the marriage's history, but it's routinely handled alongside the main claim without major delay.
This article is general legal information, not legal advice, and may not reflect the most current law or the law in your jurisdiction. Laws vary by state and change over time. For advice about your specific situation, consult a licensed attorney.
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