Glossary · Damages
Loss of Consortium
A noneconomic damages claim brought by a spouse (and in some states a child or parent) for the loss of the injured plaintiff's companionship, affection, services, and intimacy.
Also known as: loss-of-consortium claim, spousal consortium, consortium damages
What it is
Loss of consortium is a derivative claim brought by the spouse of an injured malpractice plaintiff, compensating for the loss of the injured spouse's companionship, affection, sexual relationship, household services, and emotional support. In some states, the claim extends to children (loss of parental consortium) and parents (loss of filial consortium). The claim is derivative, meaning it depends on the underlying malpractice claim succeeding.
What plaintiffs must prove
The consortium plaintiff must show a legally recognized relationship at the time of injury (usually marriage), that the underlying tort caused tangible damage to that relationship, and the dollar value of the loss. Evidence typically includes testimony about the pre-injury relationship, specific changes after the injury, and the duration and severity of those changes.
How damage caps interact
Whether loss-of-consortium awards count against the same noneconomic damages cap that limits the injured spouse's pain-and-suffering recovery varies by state. Some jurisdictions treat the consortium award as a separate cap; others fold it into a single per-claimant or per-incident limit. The distinction can shift seven figures of recovery in catastrophic cases.
In settlement strategy
Consortium claims are often undervalued by plaintiff counsel and over-discounted by defense. In severe cases involving permanent disability or long-term care needs, a well-developed consortium claim can add significant value. The key is concrete evidence of changes to the marital relationship, not generalized statements about hardship.
See Also
- Noneconomic Damages — Compensation awarded for non-monetary harm such as pain and suffering, loss of consortium, emotional distress, and diminished enjoyment of life, distinct from economic damages like medical bills and lost wages.
- Pain and Suffering — The category of noneconomic damages compensating a plaintiff for physical pain, mental anguish, and diminished quality of life caused by negligent care.
- Damages Cap — A statutory ceiling on the amount a plaintiff can recover for certain categories of damages, most commonly noneconomic damages, in medical malpractice cases.