Loss of consortium claim attorney

When someone is seriously injured, the people closest to them lose something too — companionship, partnership in running a household, intimacy, and in many cases the person they married. Loss of consortium is the claim that recognizes that. It belongs to the family member rather than to the injured person, and it is frequently overlooked entirely. Law Offices Of SRIS, P.C. handles injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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What the claim covers

Companionship and society — the shared life that has changed. Services, meaning the practical contribution the injured person made to the household: maintenance, driving, childcare, cooking, the ordinary division of labour that now falls entirely on one person. Affection and intimacy. And in many jurisdictions the loss to a spouse specifically, though some recognize claims by children or parents in defined circumstances. Availability and scope vary considerably by state.

Whose claim it is

It is the family member’s own claim, derivative of the injured person’s but belonging to them. That has practical consequences: it is generally pursued alongside the primary claim, it is affected by findings on liability in that claim, and a settlement of the primary claim that does not address it can leave it unresolved or inadvertently released. Whether unmarried partners may claim varies significantly by jurisdiction.

How it is proven

Through the difference between before and after, described concretely. Not that the marriage is harder, but what specifically changed: the activities you no longer do together, the tasks you now perform alone, the caregiving role you have taken on, the interrupted sleep, the effect on your own health and employment. Testimony from people who knew you both before is valuable. Generalities carry very little; specific dated examples carry a great deal.

How these claims are contested

By minimizing the claim as secondary. By seeking disclosure of the marital relationship before the incident, including any prior difficulties, which is intrusive and predictable. By arguing the injured person has recovered sufficiently. And by disputing whether the claim is available at all to the particular family member, which varies by jurisdiction and by relationship.

Raising it properly

Raise it at the outset rather than as an afterthought, because it is frequently omitted entirely and cannot be added after a release. Document the practical changes contemporaneously — what tasks shifted, what activities ceased, what caregiving is now provided and for how many hours. Consider the spouse’s own health and employment consequences, which are real. And ensure any settlement addresses the claim explicitly rather than leaving it to be inadvertently released.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

What is loss of consortium?

A claim by a family member — most commonly a spouse — for what they have lost because of another person’s injury: companionship, the shared life, the practical contribution the injured person made to the household, and intimacy. It is their own claim rather than part of the injured person’s.

Who can bring it?

Most commonly a spouse. Some jurisdictions recognize claims by children or parents in defined circumstances. Whether unmarried partners may claim varies considerably and is frequently restrictive. Availability should be determined under the relevant state’s law rather than assumed.

How is it proven?

Through concrete specifics rather than generalities: the activities you no longer do together, the tasks that now fall to you alone, the caregiving you provide and for how long, the interrupted sleep, and the effect on your own health and work. Dated specific examples carry far more weight than general statements.

Will our marriage be examined?

They will seek disclosure about the relationship before the incident, including any prior difficulties. It is intrusive and it is predictable. The scope is contestable rather than unlimited, and it is better to know to expect it than to be surprised.

Does it reduce the injured person’s claim?

No. It is a separate claim for a separate loss suffered by a different person. It is not carved out of the injured person’s recovery, though both are frequently resolved together and any settlement should address them distinctly.

What if I have become a caregiver?

That is a substantial part of the claim and it should be documented contemporaneously — the hours, the tasks, and the effect on your own employment and health. Keep a record as it happens rather than reconstructing it later, because the detail is what makes it persuasive.

What happens if we settle the main claim first?

A settlement that does not address the consortium claim explicitly can leave it unresolved or inadvertently released. This is a real risk and a principal reason to raise the claim at the outset rather than treating it as something to add later.

How long do I have to bring a claim?

Generally the same personal injury periods — two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York — though the interaction between a derivative claim and the primary claim can be jurisdiction-specific. Have it confirmed on your facts.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

The information on this page is general and is not legal advice. No attorney-client relationship is created by reading it or by contacting the firm. Case results depend on a variety of factors unique to each case. Results may vary.

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