Loss of consortium refers to the deprivation of companionship, affection, or other intangible benefits of a relationship due to an injury sustained by a loved one. This claim is typically brought by the spouse or close family member of an injured party in a personal injury case. Loss of consortium encompasses emotional support, intimacy, and the loss of services the injured person would have provided.
This type of claim is most commonly associated with severe injuries or wrongful death cases, where the impact on the family dynamic is profound and long-lasting.
Loss of consortium is important because it recognizes the emotional and relational harm experienced by loved ones when a family member is seriously injured. While personal injury claims often focus on the victim's physical and financial losses, loss of consortium highlights the broader impact on the family, such as the strain on relationships or the inability to maintain a normal household.
For plaintiffs, loss of consortium provides an additional avenue for compensation, addressing the intangible yet significant emotional suffering caused by the injury. For defendants, these claims represent an additional layer of liability, often increasing the overall damages awarded.
When addressing loss of consortium in personal injury cases:
Loss of consortium underscores the ripple effect of personal injuries, extending the impact beyond the injured individual to their loved ones.
