What is loss of consortium?
Loss of consortium is a claim by the uninjured spouse for the loss of companionship, affection, intimacy, and household services resulting from their partner's injury. It is a derivative claim, meaning it depends on the injured spouse's underlying tort claim succeeding. Some states also allow parental or filial consortium claims.
How is loss of consortium calculated?
There is no formula. Juries assess it based on the strength and length of the marriage, the severity and permanence of the injury, the impact on the relationship and intimacy, and the loss of household services. This calculator uses a marriage-quality factor and injury severity as a directional estimate only.
Which states allow loss of consortium claims?
Most states recognize spousal loss of consortium. A minority also allow parental consortium (parent for injured child) or filial consortium (child for injured parent). A few states, such as some jurisdictions that abolished it, restrict or bar the claim. Verify with a local attorney.
Are loss of consortium damages capped?
In states with non-economic damage caps, loss of consortium is often counted toward the cap, especially in medical malpractice cases. Some states apply a single cap shared between the injured spouse's pain and suffering and the consortium claim. Check your state's statute.
Does the injured spouse's comparative fault reduce a consortium claim?
Generally yes. Because loss of consortium is derivative, most states reduce the consortium award by the injured spouse's percentage of comparative fault, just as the underlying claim is reduced.