What is a Loss of Consortium?
A loss of consortium is the loss of benefits of a family relationship because of injuries caused by negligence.
According to Cornell Law School’s Legal Information Institute (LII), loss of consortium is defined as “a claim for damages suffered by the spouse of an injured party as a result of injury to the spouse.” As such, it demonstrates the recognition of the impact of injuries on familial relationships and the legal basis for seeking compensation for such losses. It is a legal claim typically made by a spouse or family member of an injured person seeking compensation for the loss of love, companionship, support, and affection that resulted from the injury or death.
Typically, loss of consortium occurs during a major act of negligence such as a car accident or building collapse that results in death. Loss of consortium claims examine intangible losses sought for the emotional impact of injuries on the spouse or family member, rather than financial losses. Understanding loss of consortium is essential in personal injury and wrongful death cases to ensure that spouses and family members receive recognition and compensation for the profound emotional and relational impacts of injuries or losses caused by negligence or wrongful acts. Legal professionals play a critical role in advocating for these damages on behalf of their clients, emphasizing the importance of preserving and compensating familial relationships in civil litigation.
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