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Glossary

Loss of consortium

A claim by the spouse (in some states, other close family members) of an injured person for the loss of companionship, care and relationship caused by the injury.

Last reviewed By the Editorial team 2 min read

General information, not legal advice. Talk to a licensed attorney in your state.

Quick answer

Loss of consortium is a claim by the spouse of an injured person, and in some states other close family members, for the loss of companionship, care and the relationship caused by the injury.

In a car accident claim#

The claim belongs to the spouse, not to the injured person, although the two claims are usually brought together. It is a kind of Non-economic damages. Losses without a price tag, such as pain, suffering, emotional distress and loss of enjoyment of life. Glossary. California's jury instruction, for example, describes it as the loss of the injured spouse's love, companionship, comfort, care, assistance, protection, affection, society, and moral support. Texas law lists loss of consortium among non-economic damages.

It matters most when an injury changes daily life for the whole household, such as a traumatic brain injury or a spinal cord injury. Evidence usually comes from the couple, family and friends describing life before and after. Each state decides who can bring the claim; unmarried partners and extended family typically cannot. When someone dies, family members may recover similar losses through a Wrongful death. A claim brought by family members or the estate when someone dies because of another person's wrongful act. Glossary claim. Our guide to types of damages explains how it fits with the rest of a claim.

Example#

Questions people ask

Can children claim loss of consortium for an injured parent?

Generally not for a non-fatal injury. The claim traditionally belongs to a spouse. A minority of states let children claim in some cases, and many let parents claim for a child, often only when the family member died.

Is loss of consortium only about intimacy?

No. It covers the whole relationship, such as companionship, comfort, care, help and moral support, not only the physical side of a marriage.

Sources

  1. Cornell LII Wex, Loss of consortium — definition and who may bring the claim
  2. Judicial Council of California, Civil Jury Instructions (CACI), No. 3920 — what a spouse's claim covers
  3. Texas Legislature, Civil Practice and Remedies Code § 41.001 — loss of consortium listed among noneconomic damages

Last reviewed October 29, 2026 by the Accident Claim Facts editorial team. Found an error? Tell us.

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