Loss of Consortium in Wrongful Death — Compensation for Lost Relationships

## What Is Loss of Consortium and How Does It Apply to Wrongful Death?

Loss of consortium is a legal category of damages that compensates surviving family members for the loss of the relationship they had with the deceased — the love, companionship, affection, comfort, guidance, and intimate relations that will never exist again. In wrongful death cases, this category of damages is one of the most significant for surviving spouses and children, though it is also one of the most difficult to quantify because it compensates for intangible human experiences rather than calculable financial losses.

Loss of consortium is separate from the deceased's pain and suffering — it compensates the survivors for their own relational loss, not what the deceased experienced. In states without consortium damages caps, this category frequently accounts for the majority of non-economic damages in wrongful death cases.

Who Can Claim Loss of Consortium?

The class of people eligible to claim loss of consortium in wrongful death cases varies by state.

**Surviving spouses:** Have the strongest and most broadly recognized consortium claims, encompassing loss of companionship, love, affection, sexual relations, and emotional support
**Minor children:** Most states recognize children's consortium claims for loss of parental guidance, nurturing, and the parent-child relationship
**Adult children:** Some states allow adult children's consortium claims, while others limit this category to minor children
**Parents of deceased children:** Parents' loss of the parent-child relationship with a deceased minor child is recognized in most states, though parent-of-adult-child claims are more limited
**Partners and fiancées:** Generally not recognized unless the state recognizes a common-law marriage or domestic partnership

How Loss of Consortium Damages Are Calculated

Loss of consortium is non-economic and therefore not calculable like lost wages. Juries assess the value of consortium based on the specific evidence presented about the quality and character of the relationship.

Evidence of the couple's or family's actual relationship: activities they shared, how they spent time together, the role the deceased played in family life
Duration of the relationship and years of anticipated future companionship lost
Any pre-existing deterioration in the relationship (a long estrangement may reduce consortium value)
The emotional and psychological impact on the surviving spouse and children
Expert testimony from psychologists on the impact of the relational loss
Personal testimony from surviving family members, friends, and colleagues who observed the relationship

In states without caps on non-economic damages, a single wrongful death case for a 40-year-old family man with a close spouse and three minor children can generate consortium claims in the millions of dollars across all family members.