Loss of consortium is a legal term used in the law of torts to describe the deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor. It refers to the loss or impairment of the intangible benefits of a relationship, such as emotional support, companionship, comfort, affection, love, and sexual intimacy. When someone is hurt or killed, the victim’s family members may no longer be able to share the same intimacies with the victim, and loss of consortium recognizes these damages and provides loved ones with the right to recover monetary compensation from the person or entity responsible for the injuries.
Loss of consortium claims are typically brought by the spouse or close relative of an accident victim, and the relative sues the person who caused the harm because the person injured or killed can no longer provide the same affection, companionship, comfort, or sexual relations. In some cases, children and parents may also be allowed to file a loss of consortium claim, referring to the loss of the ability to share activities and enjoy life experiences with a parent or child.
The specific definition of loss of consortium can vary by state, and the ability to sue for loss of consortium is governed separately by each state. Traditionally, consortium claims only applied to a widow or widower whose spouse was wrongly killed, or a wife or husband whose spouse was severely injured by a tortfeasor. Many jurisdictions now allow for parents to recover for loss of filial consortium, meaning the loss of consortium from their child. However, many states only allow filial consortium claims where the child was fatally injured. A minority of states also allow children to make a loss of consortium claim in instances where their parent(s) were wrongfully killed.
