What Is Loss of Consortium?
Loss of Consortium is a type of noneconomic damage claim for the harm to a close family relationship after a person suffers a serious injury or dies. The claim may address lost companionship, affection, household support, and marital intimacy. In wrongful death cases, eligible surviving family members may seek compensation for these relationship losses.
Quick Facts About Loss of Consortium
Category
Noneconomic damages
Used for
Relationship losses after serious injury or death
Common confusion
It differs from the injured person’s own pain and suffering claim
Also called
Consortium Claim
Often discussed with
Wrongful Death Claims
Key Takeaways About Loss of Consortium
- The claim focuses on relationship harm, not the injured person’s medical bills.
- Proof may include changes in care, companionship, household roles, and intimacy.
- Loss of Consortium is not the same as pain and suffering.
How Loss of Consortium Works
Loss of Consortium is evaluated through the effect an injury or death has on a close family relationship. Evidence may describe changes in companionship, affection, shared responsibilities, communication, and marital intimacy. Medical records can help show the underlying injury, while testimony can explain how the relationship changed.
Related glossary terms: Damages, Pain and Suffering, Economic Damages.
In a wrongful death claim, the relationship loss follows the person’s death and may affect an eligible surviving family member. The value of the claim depends on the relationship, the nature of the loss, and the evidence supporting that loss. A wrongful death claim may include this harm as one part of broader damages. Courts and insurers may assess personal accounts, family observations, and records that show the relationship before and after the death.
From the Atlanta Auto Law team
When we review a wrongful death claim, we identify the relationship losses separately from financial damages and the decedent’s personal injuries. We organize statements, records, and testimony that show how the death changed companionship, household support, and family roles.
Loss of Consortium in Practice: A Real-World Example
A spouse dies because of another driver’s negligence. The surviving spouse may bring a wrongful death claim that addresses the lost companionship, affection, shared household life, and marital relationship caused by the death.
Related Services
Related Terms
Damages
Damages are the monetary losses and nonfinancial harms that a person or family may seek in…
Pain and Suffering
Pain and Suffering is a category of noneconomic damages in a personal injury claim. It addresses…
Economic Damages
Economic Damages are measurable financial losses caused by a death, injury, or other legally recognized harm…
Medical Records
Medical Records are written, electronic, or recorded details about a patient’s care, condition, testing, treatment, and…
Atlanta Auto Law
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