Loss of Consortium Multiplier Calculator
Estimate value of a loss of consortium claim — the spouse's separate cause of action for lost companionship, services, society, sexual relations, and affection following a serious injury or death. Uses severity tier, marriage years, and state availability. Free.
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What is a loss of consortium claim?
Loss of consortium is a separate cause of action belonging to the spouse (and in some states, the child or parent) of a person who has been seriously injured or killed. It compensates for the loss of love, companionship, comfort, affection, society, solace, moral support, household services, and sexual relations. It is distinct from the injured person's claim — the spouse files their own count in the lawsuit, and the recovery is the spouse's separate property.
Most jurisdictions recognize spousal consortium claims dating back to the 1950 D.C. Circuit case Hitaffer v. Argonne Co. Virginia is the major outlier — it does not recognize loss of consortium except in wrongful death. About 19 states extend consortium to children of injured parents (parental consortium), led by Florida, Massachusetts, Ohio, and Wisconsin. A few states (Hawaii, Vermont) allow parent-of-injured-child consortium.
Multiplier method valuation
There is no universal formula. Most attorneys use a multiplier method: consortium claim equals 10%-50% of the injured spouse's damages, scaled by injury severity. A minor whiplash with full recovery in 3 months might generate 5%-10%. A moderate injury with months of limitation: 15%-25%. A severe permanent disability (paralysis, brain damage): 35%-50%. Wrongful death companion claims often reach 50%-60% of decedent's economic damages, plus separate non-economic damages.
Marriage duration matters. Juries award higher consortium damages for long marriages (15+ years) showing established companionship. Newer marriages (under 3 years) often see lower awards because the loss is shorter in duration. The injured spouse's pre-injury quality of marriage also affects damages — separated couples or strained relationships limit the recoverable loss.
State availability and damages caps
Loss of consortium recoveries face state-specific limits. New Mexico caps non-economic damages (including consortium) in medical malpractice at $750,000. Indiana caps medical malpractice damages at $1.8M total (2027). California MICRA caps medical malpractice non-economic damages at $390,000 (2026, with annual inflation increases). Texas caps medical malpractice non-economic at $250K per defendant. Maryland caps total non-economic damages around $935K (2026).
Some states require the underlying injury to be of sufficient severity. Wisconsin and a few others require "permanent and substantial" injury before allowing spousal consortium. Watch for jury instructions that may direct juries to "avoid duplication" — courts increasingly require attorneys to clearly separate consortium damages from the injured spouse's pain and suffering to prevent overlap. The American Bar Association tort guides and Nolo provide state-specific charts.
Sources: Hitaffer v. Argonne Co. (D.C. Cir. 1950), state statutory damages caps, americanbar.org Tort Section, nolo.com consortium guides. Last updated: May 2026.