Loss of consortium compensates a family member for the relational harm caused by an injury to their loved one, including loss of companionship, affection, household services, and marital intimacy.
It is derivative, meaning it depends on the injured person's underlying claim succeeding, and it is typically reduced by any comparative fault attributed to the injured party.
Alternative Names:
Consortium Claim, Loss of Society
Why it Matters?
Consortium claims add a second sympathetic witness and a second damages figure, and they often provide the most compelling testimony in a serious injury case because the spouse describes changes the plaintiff cannot see. They also create discovery exposure, since the marital relationship's history becomes relevant and prior difficulties can be explored, which is uncomfortable and sometimes productive.
Frequently Confused with
Related terms
Frequently asked questions
Who can bring a loss of consortium claim?
Is the claim affected by the injured party's fault?
