What Is Loss of Consortium?

What Is Loss of Consortium?

Your spouse wasn't in the car during an accident, but they may still be able to bring their own claim against the driver who hit you.

Key Takeaways

• Loss of consortium compensates a spouse or close family member for the relationship losses that follow a serious injury or death caused by someone else's negligence.
• A loss of consortium claim is derivative, which means its success depends on the injured person’s underlying injury case.
• State law controls who can file a loss of consortium claim. Arizona allows spouses, parents and children, while California and Colorado limit these claims to spouses.
• Loss of consortium damages don’t follow a fixed formula. The amount depends on evidence showing how the injury changed the couple’s relationship.

“Consortium” is a legal term for the support and connection provided by a close family relationship. When an injury takes away those benefits, the resulting harm may be called “loss of consortium.” Understanding the claim starts with looking at what the law considers part of that loss. So what is loss of consortium?

What Is Loss of Consortium in Personal Injury Claims?

Loss of consortium is a claim for the damage done to a relationship when someone else's carelessness seriously injures or kills a person. Your spouse brings it in their own name, because the crash cost them something real even though they weren't the one hurt.

Lawyers call a consortium claim derivative, which means it depends on your case. If a jury decides the other driver wasn't negligent, or your claim gets thrown out, your spouse's claim almost always goes with it.

What Are Examples of Loss of Consortium?

Loss of consortium examples often start with daily care. For example, a rear-end collision leaves you with a spinal cord injury, and your spouse now spends evenings helping you bathe and dress.

Other claims center on a change in personality. When a truck driver's negligence causes a brain injury, the partner your spouse married may think, speak and react differently afterward.

A third kind of loss involves the family a couple planned to have. Severe pelvic injuries can end physical intimacy or the ability to have children, creating losses that go beyond the direct cost of medical care.

Who Can File a Loss of Consortium Claim?

Spouses can bring a consortium claim in nearly every state. Courts draw a tight circle around who else qualifies, so siblings, close friends and extended family usually recover nothing.

Whether a parent or child can file depends heavily on the state. Some states let a mother or father recover when a child is badly hurt, and some let a child recover when a parent is seriously injured, but plenty of states allow neither.

If the injured person dies, these losses are usually handled through a wrongful death claim instead. Certain relatives who file a wrongful death lawsuit may seek compensation for lost companionship, guidance, and support under state law.

How Do You Prove Loss of Consortium?

To prove a loss of consortium claim, the underlying injury case must first be valid. If you were injured, you must show that the at-fault party owed you a duty of care, failed to meet that duty and caused your injuries.

If your spouse was injured, their case must establish the same points. The spouse seeking consortium damages must also show that the couple was legally married when the accident happened and that the injuries harmed the relationship. If you married after the accident, you generally cannot recover loss of consortium damages because you weren’t legally married when the injury occurred.

What Evidence Supports a Loss of Consortium Claim?

Most evidence in a loss of consortium case comes from testimony rather than documents. You and your spouse may explain how daily life changed after the accident. Friends, neighbors or co-workers may also describe changes they noticed. Medical records and testimony from treating doctors can help connect those changes to the injury.

This process can feel invasive. The other side may ask about past arguments, separations, counseling, or intimacy to argue that the relationship was already struggling before the accident.

How Do You Calculate Loss of Consortium Damages?

There’s no fixed formula for calculating loss of consortium damages. Because these damages cover harm to a relationship rather than a direct financial loss, the amount depends on how much the relationship changed and how long those changes are expected to last.

Juries and insurance adjusters may consider:

• How long the couple has been together
• Whether the injuries are severe or permanent
• The age and life expectancy of each spouse
• How much additional caregiving the uninjured spouse provides

State law may also limit the amount available. Colorado caps noneconomic damages in most injury cases, while the Arizona Constitution does not allow the state to cap damages for injury or death.

Are Loss of Consortium Damages Separate From Injury Damages?

Loss of consortium damages are separate from the damages you may receive for your injuries. Your claim may cover medical bills, lost income, and pain. Your spouse’s claim covers how your injuries changed the relationship, and any award belongs to your spouse.

However, both claims may fall under the same insurance limit. If you are partly at fault for the accident, your spouse’s award may also be reduced.

What Injuries Can Lead to Loss of Consortium?

A loss of consortium claim usually requires a serious injury that causes lasting changes at home. Examples include paralysis, a traumatic brain injury, or another condition that permanently affects your ability to provide companionship and support.

A temporary injury, such as a broken wrist that heals within a few months, is less likely to support a claim. What matters is how seriously and permanently your injury changed the relationship.

Can an Unmarried Partner Claim Loss of Consortium?

If you aren't married, your partner usually cannot file a loss of consortium claim. Living together for many years or being engaged is generally not enough.

Some exceptions may apply. California gives registered domestic partners many of the same legal rights as spouses. Colorado recognizes common-law marriage when a couple meets the legal requirements. Arizona doesn’t allow couples to create a common-law marriage within the state, but it may recognize one that was validly formed elsewhere.

How Can a Lawyer Help With Loss of Consortium Damages?

Sargon Law Group is a trial firm representing injured people and their families across Arizona, California and Colorado. Our attorneys handle car, truck and motorcycle crashes, premises liability, catastrophic injury and wrongful death cases on a contingency fee basis, so you don't pay attorney fees unless we recover compensation.

You talk directly with the attorney handling your case, and our team offers trilingual service around the clock. When an insurer downplays what your family lost, we're prepared to put the case in front of a jury and let it decide what your loss of consortium claim is worth.

Call today to schedule a free consultation with a personal injury attorney at Sargon Law Group.