Loss of consortium
In plain English: loss of consortium is a claim by the husband, wife or partner of an injured person for what they've lost in the relationship: companionship, affection, help around the home and intimacy. In some places, children or parents can bring a similar claim.
Whose claim is it?
It belongs to the family member, not the injured person. If your spouse was badly hurt in a crash, you may have your own claim for how that injury changed your life together. In the US it's usually brought alongside the injured person's claim, and it generally depends on that main claim. If the injured person's claim fails, or is reduced because they were partly at fault, the consortium claim is usually affected too.
How it works in the US
Most states recognise loss of consortium between spouses. Some also allow claims by children for the loss of a parent's care and guidance, or by parents of an injured child, but this varies a lot from state to state. Some states limit it to married couples, and a few are more open. Because it's a non-economic loss, it can be caught by state caps on non-economic damages.
What it can cover:
- Loss of companionship and shared activities
- Loss of affection, comfort and emotional support
- Changes to the sexual relationship
- Loss of help with the household and family life
The UK and Canada take different routes
England and Wales abolished the old claim for loss of consortium decades ago. A spouse can't bring a separate claim for the loss of the relationship when their partner is injured. Instead, the effect on family life comes into the injured person's own claim, for example through the value of care a partner gives, and in fatal cases through bereavement damages. Scotland allows relatives to claim for services the injured person can no longer provide to them.
In Canada, provinces handle this through statute. Ontario's Family Law Act, for example, lets close family members of someone injured or killed through negligence claim for loss of guidance, care and companionship, plus certain expenses. Other provinces have their own rules, so check where the accident happened.
Proving a loss that is private
These claims ask people to talk about the most personal parts of their lives, sometimes under oath. The evidence usually comes from both partners, from people who knew the couple before and after, and from medical records showing the injured person's limits. Expect questions about the relationship before the accident, too. Insurers look for earlier difficulties to argue the change wasn't caused by the injury.
A couple who hiked every weekend and ran a small business together can no longer do either after the husband's spinal injury. His wife now handles all the household work and has become his main carer. In most US states she can claim for the loss of the life they shared, separately from his claim.
Next: non-economic damages · wrongful death damages · hiring an accident lawyer.
Related terms
General information, not legal or medical advice. Rules differ between US states, the UK and Canadian provinces, so check the law where your accident happened. How we write and check · Legal disclaimer