What is a “loss of consortium” claim?

A “loss of consortium” claim is a type of damages claim that is often filed in cases of brain injury in Washington. This claim looks to compensate a family member of the brain injury victim, usually the spouse, for the harm which they have suffered. Generally, the claim is based on the fact that the injured person’s ability to provide that family member with what is called “consortium,” or services, love, affection, and companionship, has been diminished as a result of the injury. The loss of consortium claim can be made in tandem with a claim for damages by the brain injury victim, or independently. An independent claim by a family member is often filed if the injured person is a minor, and does not have the capacity to make a legal claim. If the family member of the injury victim is over the age of 18, they may file an independent claim for the loss of consortium. The damages that can be awarded to a family member for their loss of consortium claim are often much less than what the brain injury victim can recover. In Washington, loss of consortium damages do not include payment for loss of income, but do include an award for pecuniary injuries (loss of services and household care) and for pain and suffering. In cases of brain injury, the loss of consortium claim is usually the most difficult for a jury to decide, as they must balance the amount of damages that the family has suffered in the wake of the injury. By taking into consideration the economic and emotional pain and suffering of the family, however, the jury can award an appropriate amount of compensation to the family.

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What is a “loss of consortium” claim?

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