Loss of consortium is a category of wrongful death damages that compensates surviving family members—particularly spouses—for the loss of the deceased's companionship, affection, and relationship. These damages recognize that death destroys more than financial support; it devastates the intimate bonds that define family life.
Loss of consortium damages can constitute a substantial portion of wrongful death recovery, particularly in cases where economic damages are limited.
What Is Loss of Consortium?
Consortium refers to the benefits a person receives from their relationship with another—the love, companionship, comfort, affection, society, sexual relations, and services that characterize close family bonds.
In wrongful death cases, loss of consortium compensates survivors for being deprived of these intangible but profound benefits. Unlike lost income, which can be calculated mathematically, consortium damages attempt to value what cannot truly be quantified.
Types of Consortium Loss
Spousal Consortium
The original and most recognized form of consortium loss involves surviving spouses who lose:
- Companionship – The daily presence and partnership of marriage
- Affection and love – Emotional bonds developed over the marriage
- Intimacy and sexual relations – Physical aspects of the marital relationship
- Comfort and solace – The support spouses provide each other
- Society – The social aspects of having a life partner
- Moral support – Guidance and encouragement
Parental Consortium
Children who lose a parent suffer loss of parental consortium:
- Guidance and training – A parent's education and mentorship
- Care and nurturing – Physical and emotional caretaking
- Moral instruction – Teaching of values and character
- Protection – The safety a parent provides
- Love and affection – A parent's unconditional love
Filial Consortium
Filial consortium refers to parents' loss when a child dies. Not all states recognize this claim, and some limit it to cases involving minor children. Parents who do recover may claim:
- Loss of the child's companionship and society
- Loss of the child's love and affection
- Loss of the child's future support and comfort
Who Can Recover Consortium Damages
Standing to recover consortium damages varies by state:
Spouses
Surviving spouses can recover consortium damages in virtually all states. This is the most firmly established form of consortium recovery.
Children
Most states allow children to recover for loss of parental consortium, though some limit recovery to minor children or those who can prove dependency.
Parents
Parent recovery for loss of a child's consortium is more limited. Many states allow it; others restrict it or don't recognize it at all.
Other Family Members
Recovery by siblings, grandparents, or other relatives is rare and available only in states with broad wrongful death statutes.
Unmarried Partners
Domestic partners, cohabitants, and unmarried partners generally cannot recover consortium damages. Some states with registered domestic partnership laws extend consortium recovery to registered partners, but informal cohabitation typically doesn't create consortium rights regardless of relationship duration.
Proving Loss of Consortium
Consortium damages require evidence that demonstrates the quality and value of the lost relationship:
Testimony About the Relationship
Survivors testify about their relationship with the deceased:
- How they met and built their relationship
- Daily activities and interactions
- How decisions were made together
- The deceased's role in family life
- What has changed since the death
Third-Party Witnesses
Friends, family members, neighbors, clergy, and others who observed the relationship can provide corroborating testimony about:
- The closeness of the relationship
- How the couple or family interacted
- The deceased's devotion to family
- The impact of the death on survivors
Documentary Evidence
Photographs, videos, letters, cards, emails, and social media posts can demonstrate relationship quality:
- Photos of family activities and vacations
- Love letters or anniversary cards
- Social media posts about the relationship
- Evidence of shared activities and interests
Expert Testimony
Psychologists or grief counselors may testify about:
- The psychological impact of losing the relationship
- The importance of the lost relationship roles
- Expected duration and intensity of the loss
Valuing Consortium Damages
Unlike economic damages, consortium losses have no market value. Valuation approaches include:
Jury Discretion
Most commonly, juries simply exercise discretion based on the evidence presented. Instructions typically direct juries to award fair and reasonable compensation without specifying how to calculate it.
Per Diem Arguments
Some attorneys suggest daily values for consortium loss, multiplied by the survivor's life expectancy. For example, arguing that the daily value of spousal companionship is $50, multiplied by 20 years (7,300 days), equals $365,000.
Courts in some jurisdictions prohibit per diem arguments as too arbitrary.
Comparable Verdicts
Attorneys may reference verdicts in similar cases to establish value ranges, though every case's facts differ.
Factors Affecting Consortium Awards
Several factors influence consortium damage awards:
Relationship Quality
Close, loving relationships generate higher consortium awards than distant or troubled ones. Evidence of devotion, partnership, and active engagement supports larger damages.
Relationship Duration
Long marriages with demonstrated partnership typically support higher awards than brief relationships.
Survivor's Life Expectancy
A young surviving spouse will experience consortium loss for more years than an elderly one, potentially justifying higher damages.
Number of Beneficiaries
Multiple consortium claimants (spouse plus children) may result in higher total consortium damages.
Evidence Quality
Strong testimonial and documentary evidence of a close relationship supports higher awards.
Consortium and Damage Caps
Many states cap non-economic damages, which typically include consortium losses. These caps can significantly limit consortium recovery:
- State caps ranging from $250,000 to $1 million
- Medical malpractice caps often impose stricter limits
- Caps may apply per beneficiary or to total non-economic damages
In capped states, substantial consortium evidence may not translate to higher recovery if the cap is already reached.
Consortium in Different Case Types
Instant Death Cases
Consortium damages are available regardless of whether the deceased survived for any period. The survivors' loss occurs from the moment of death forward.
Cases with Pre-Death Injury Period
When death follows a survival period, survivors may have consortium claims for both periods:
- Loss of consortium during the injury period (if the relationship was impaired)
- Total loss of consortium after death
Cases with Contributory Fault
If the deceased was partially at fault for the accident, consortium damages (like other damages) may be reduced by the deceased's percentage of fault.
Consortium vs. Other Non-Economic Damages
Consortium overlaps with but differs from other non-economic damages:
- Companionship – Similar to consortium but may apply to non-spousal relationships
- Mental anguish – The survivor's grief, distinct from what they lost
- Loss of society – The social aspects of the relationship
Some states combine these into a single category; others treat them separately. The total non-economic recovery matters more than how damages are categorized.
Practical Considerations
Documentation During Marriage
While no one expects to need wrongful death evidence, families who maintain photographs, write letters, and document shared activities inadvertently create evidence that supports consortium claims.
Testifying About Consortium
Survivors often find testifying about their relationship emotionally difficult. Preparation with an attorney helps witnesses present compelling testimony while managing emotional impact.
Privacy Concerns
Consortium claims require discussing intimate aspects of relationships. Some survivors find this intrusive. Attorneys should discuss what testimony will be needed and how to protect privacy where possible.
Conclusion
Loss of consortium recognizes that death destroys relationships that have profound value beyond economic support. These damages acknowledge that the love, companionship, and partnership lost when someone dies deserve compensation, even though no money can replace what was taken.
An experienced wrongful death attorney can help you gather evidence, present testimony, and argue for consortium damages that reflect the true value of your relationship with the deceased.