What it is
Loss of consortium is a separate cause of action belonging to the non-injured spouse (and in some jurisdictions, the children or parents) of a person who suffered a serious injury. It is "derivative" in the sense that it depends on the underlying injury claim — if the injured spouse cannot recover, the consortium claim usually fails as well — but it is legally distinct, with its own filing, its own damages calculation, and often its own counsel. The covered loss includes the spouse's deprivation of: love, affection, comfort, companionship, society, intimate relations, household services, and (in some jurisdictions) emotional support during the recovery period. Loss of consortium is recognized in every state for spouses; about half of states extend the doctrine to parents who lose the consortium of a child, and a smaller number recognize children's claims for loss of a parent's consortium. Same-sex spouses have been recognized as having consortium claims in all 50 states since Obergefell v. Hodges (2015).
How it works in practice
In practice, the consortium claim is typically filed alongside the injured spouse's primary claim, naming the same defendant. The non-injured spouse may need to testify about the impact of the injury on the marriage, household responsibilities, and intimate life — a sensitive process that some couples decline rather than expose to deposition. Damages are calculated subjectively: there is no formula. Adjusters and juries assign a value based on the nature of the marital relationship (length of marriage, evidence of close bond), the severity of the injury (more disabling = larger consortium claim), and the duration (permanent injuries support larger claims than full-recovery injuries). Some states cap consortium damages either as part of the overall non-economic damages cap or by separate statute. The consortium claim is reduced proportionally if the injured spouse is found partly at fault — comparative negligence applies. Critically, in most states the consortium claim must be filed by the same statute of limitations as the underlying personal injury claim.
How Loss of Consortium affects your settlement
Loss of consortium is the single most underclaimed line item in personal injury settlements, and the one most ripe for capturing additional value when the case warrants it. For serious injury cases involving a married claimant (or one with dependent children, depending on state), the consortium claim typically adds 10-30% to the total settlement value, and in catastrophic cases (paralysis, TBI, amputation) can add 50% or more. Three concrete drivers: (1) the more disabling the injury, the larger the consortium claim — a serious back injury that ends a couple's active outdoor life supports a substantial consortium award; (2) the longer the marriage, the better the claim — newlyweds get smaller awards than 30-year marriages, all else equal; (3) testimony quality matters enormously — the non-injured spouse who can articulate concrete daily-life changes (canceled trips, shifted household responsibilities, loss of physical intimacy, emotional withdrawal) supports a larger claim than vague generalities. The most common reason consortium claims are NOT filed: the non-injured spouse declines to testify about intimate marital details. Attorneys sometimes settle this concern by negotiating the claim through written submissions and adjuster review rather than deposition. State-by-state caps matter for high-value cases — some states apply the overall non-economic damages cap to consortium, while others have separate consortium caps. Same-sex spouses have full consortium rights nationwide post-Obergefell; do not assume otherwise.
Related SetCalc guides
Related glossary terms
Informational only and not legal advice. Settlement-dollar implications described here reflect typical patterns and may differ in any specific case. Confirm the analysis for your situation with a licensed attorney.