Loss of Consortium Damages Calculator

Loss of consortium is a separate cause of action brought by the spouse of an injured person to compensate for lost companionship, household services, and intimate relations. Some states extend the claim to children (California, Massachusetts) or parents of injured adult children. Awards typically run 15-50% of the primary plaintiff's non-economic damages depending on injury severity, length of marriage, and the quality of the pre-injury relationship.

Who Can Bring A Consortium Claim

All US states recognize spousal consortium claims (Idaho was the last holdout until 1986). About 12 states extend consortium claims to minor children of an injured parent (CA, MA, OK, RI, IA, WI, others) — these are called 'filial' or 'parental' consortium. A handful (CA, FL) extend to parents of injured adult children. Same-sex spouses now have full consortium standing nationwide post-Obergefell. Unmarried cohabitants generally cannot bring consortium claims even in long-term relationships — marriage is a hard line in most states.

Valuation And Insurance Issues

Consortium awards typically run 15-50% of the primary plaintiff's non-economic damages. Permanent injuries (paralysis, severe burns, TBI) produce the highest consortium awards because the impact lasts decades. Sexual function loss is a major component — typical $50K-$500K addition. Long marriages typically see higher awards because juries assume deeper connection. Critical insurance point: consortium claims often share the primary plaintiff's per-person liability limit in some states, meaning a $300K policy must cover both the injured person AND the spouse's consortium claim. In other states each claim has its own limit. This is determined by the specific policy language and state interpretation rules.

Last updated May 2026. Sources: American Bar Association.