What is loss of consortium and who can claim it?

Loss of consortium is a category of non-economic damages that compensates the spouse — and in some states the children or parents — of a seriously injured person for the loss of companionship, affection, comfort, and intimacy resulting from the injury. It is a separate claim belonging to the family member, distinct from the injured person's own claim for their physical injuries. The underlying premise is that a catastrophic injury harms not only the victim but also the relationships and family life they share. A loss of consortium claim typically requires a valid marriage at the time of the injury (in states limiting it to spouses) and a serious, often permanent injury that substantially affects the marital relationship. Recoverable elements may include loss of physical intimacy, loss of companionship and society, loss of the injured spouse's services and support around the home, and the emotional toll of caring for a disabled partner. Because loss of consortium damages are subjective, they require careful documentation of how the injury changed the relationship and daily family life. Some states cap or limit these damages, so an attorney should evaluate their availability in your jurisdiction.