Also known as: loss of consortium · loss consortium · consortium claim · loss of society
Written by attorneys · grounded in primary & secondary sources — see below
A derivative tort claim allowing one spouse to recover from a third party for the resulting loss of the other spouse's society, services, sexual capacity, and reasonable medical expenses incurred by the claiming spouse. The claim arises only when the third party is liable to the injured spouse for bodily harm. Recovery is permitted only when the consortium action is joined with the primary bodily-harm action unless joinder is impossible.
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Lena Lawson suffered severe fractures when struck by a delivery truck. Her husband Luke filed a separate action seeking damages for loss of her society and services. Because Luke could have joined his claim with Lena's bodily-injury suit but did not, the court dismisses his action under the joinder requirement.
Latoya Lane suffered a stroke after a pharmacy dispensed the wrong medication. Her husband Lorenzo paid for home nursing services and lost her companionship and sexual relations. Because the pharmacy is liable to Latoya for bodily harm, Lorenzo recovers his expenses and relational losses in a joined action.
Lillian Locke sustained a permanent knee injury from a defective arena floor. Her husband Leonard lost their shared hiking routine and experienced reduced intimacy. The court allows his joined consortium claim because the injury produced lasting deprivation of society and services.
Luke Latham suffered heart block after a catheter ruptured during surgery. His wife Lena incurred travel costs for specialists and lost his household help and sexual capacity. Her joined consortium claim proceeds because the manufacturer is liable to Luke for the bodily harm.
Lorenzo Lugo settled his personal-injury suit after a fryer explosion caused severe burns. His wife Lillian later filed a separate action for loss of society and services. The court bars the action because joinder with the primary suit was possible at the outset.
Leonard Lowe drowned after falling from a cargo ship. His wife Latoya sought loss-of-society damages under state tort law. The court applies the federal maritime wrongful-death statute to determine whether relational losses are recoverable in addition to pecuniary damages.
Yes. The Restatement requires joinder unless it is impossible. Recovery is allowed only when the two actions proceed together. Failure to join when joinder was feasible bars the separate consortium action.
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The plaintiff must show tortious conduct by the defendant, bodily harm to the injured spouse, and resulting loss of society, services, sexual capacity, or reasonable medical expenses incurred by the claiming spouse. The claim is derivative and requires primary liability to the injured spouse.
…Claims that garner no compensation under the settlement include claims by family members of asbestos-exposed individuals for loss of consortium, and claims by so-called "exposure-only" plaintiffs for increased risk of cancer, fear of future asbestos-related injury, and medical monitoring. "Pleural" claims, which might be asserted…
…American Export Lines, Inc. v. Alvez , 446 U.S. 274, 100 S. Ct. 1673, 64 L. Ed. 2d 284 (1980) (recognizing cause of action for loss of consortium
…violated federal law. App. to Pet. for Cert. 71a. Finally, the court concluded that the MDA preempted Donna Riegel's claim
…496]); recognized that a married person whose spouse is injured by the negligence of a third party has a cause of action for loss of consortium
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Yes. The rule expressly permits recovery of reasonable expenses the second spouse incurs in providing medical treatment. Travel costs, nursing services, and similar outlays qualify when they are reasonable and tied to the injury.
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No. The consortium claim belongs to the uninjured spouse and is independent. A settlement resolving only the injured spouse's damages does not release the defendant from liability to the claiming spouse, though joinder rules may still apply.
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Recovery requires real losses traceable to the bodily harm. Temporary or minor effects may not satisfy the rule's emphasis on resulting deprivation of society and services. Courts examine whether the interference is substantial enough to warrant separate compensation.
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