Loss of consortium is a damages concept for certain relationship harms caused by injury to a spouse or close family member.
Why loss of consortium matters
Loss of consortium matters because serious injuries can affect companionship, affection, household services, intimacy, and family relationships. Some jurisdictions allow a spouse or family member to seek damages for those derivative harms.
The availability and scope of the claim vary by state.
Where loss of consortium appears
Loss of consortium appears in personal-injury cases, wrongful-death disputes, medical-malpractice claims, product-liability cases, and settlement negotiations involving serious injury.
Practical example
A spouse suffers a disabling injury caused by negligence. The other spouse may claim loss of consortium if state law recognizes the relationship-based harm.
How loss of consortium differs from nearby terms
Loss of consortium differs from ordinary personal-injury damages because the claim belongs to a related person, not the directly injured person. It differs from wrongful death because it can arise while the injured person is alive.
Related terms
Quick knowledge check
Why is loss of consortium often described as a derivative claim?