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Litigation glossary
Legal structure

Loss of Consortium

A derivative claim by the spouse or family member of an injured person for the loss of companionship, support, and intimacy caused by the injury.

Loss of consortium is a separate cause of action, usually brought by the spouse of an injured plaintiff, compensating for the loss of companionship, affection, sexual relations, and household services the uninjured spouse suffers as a result of the primary victim's injury. Some jurisdictions extend a version of the claim to parents or children in cases of severe injury or wrongful death.

Because a consortium claim is derivative, it typically cannot exist without an underlying viable claim by the injured party, and any defense that defeats the primary claim, such as a statute of limitations bar or a comparative fault finding, generally limits or defeats the consortium claim as well. The claim is valued largely through jury discretion, informed by the severity and permanence of the primary injury.

Juricratic links a modeled consortium claim to the primary injury claim's outcome branch rather than simulating it independently, so any dial that changes the primary claim's liability or severity findings automatically propagates to the dependent consortium exposure, preserving the derivative relationship the doctrine requires.

In litigation

How it actually shows up

Personal injury counsel evaluate whether to add a spouse as a co-plaintiff for loss of consortium in catastrophic injury cases, since it can meaningfully increase total case value, while defense counsel scrutinize the marital relationship's timing and stability and challenge consortium damages as duplicative of the primary plaintiff's non-economic award.

Questions
What is a loss of consortium claim?
A derivative legal claim, usually brought by the spouse of an injured person, seeking compensation for the loss of companionship, support, and intimacy caused by the injury to their spouse.
Who can bring a loss of consortium claim?
Most commonly the spouse of the injured person. Some states allow parents or children to bring a similar claim in cases involving severe injury or the death of a family member.
Does loss of consortium require the injured spouse to win their case?
Generally yes, because the claim is derivative of the primary injury claim; defenses that defeat or limit the underlying claim, such as comparative fault, typically reduce or bar the consortium claim as well.

This page is an educational explainer, not legal advice, and creates no attorney–client relationship. Juricratic is a simulation engine: every probability-like figure is a dial you set, not a calibrated prediction. Verify every rule, deadline, and figure against the authorities and orders that govern your matter.

Turn the concept into a modeled matter.

Juricratic makes every one of these ideas a live dial: model your case as a solvable game, then watch the optimal line and the settlement window move as the assumptions do.

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simulation, not prediction — not legal advice