When a serious accident changes someone’s life, it also changes the lives of the people closest to them. Spouses, children, and families often suffer emotionally, physically, and financially after a catastrophic injury — even though they weren’t directly hurt in the accident themselves.
That’s where a legal concept called loss of consortium comes into play.
In our latest video, we explain what loss of consortium means, who may qualify for this type of claim, and how it can affect a personal injury or wrongful death case.
Watch the video here:
What Does “Loss of Consortium” Mean?
Loss of consortium refers to the loss of companionship, affection, emotional support, intimacy, and household partnership that can occur after a loved one suffers a serious injury.
In many personal injury cases, the injured person isn’t the only one impacted. A spouse may suddenly become a caregiver. Family dynamics may change dramatically. Relationships that once provided emotional connection and support can be permanently altered.
These damages are considered non-economic damages, meaning they don’t come with a receipt or bill — but they are still very real.
Examples of Loss of Consortium
A loss of consortium claim may involve:
- Loss of companionship
- Loss of affection and emotional support
- Loss of intimacy
- Loss of household services
- Loss of parental guidance or family relationships in some states
For example, if a spouse suffers a traumatic brain injury after a car accident, the relationship may never be the same. The injured person may no longer be able to communicate, participate in family life, or provide emotional and physical support like they once did.
Who Can File a Loss of Consortium Claim?
In most states, spouses are the primary people allowed to bring a loss of consortium claim. Some states also allow children or parents to pursue related claims in severe injury or wrongful death cases.
Because these laws vary by state, it’s important to speak with an experienced personal injury attorney to understand your rights.
Why These Claims Matter
Insurance companies often focus only on medical bills and lost wages. But serious injuries affect entire families — not just the injured victim.
Loss of consortium claims recognize the emotional and relational harm that follows a catastrophic injury. Courts understand that the loss of a loving partnership, emotional support system, or family relationship can have lifelong consequences.
