In many states, the law allows the spouse of an injured person to recover damages as well, even if the spouse was not physically injured. This is called a loss of consortium claim.

Black’s Law Dictionary defines "consortium" as the "conjugal fellowship of husband and wife, and the right of each to the company, society, and cooperation, affection and aid of the other in every conjugal relation." Loss of consortium includes not only material services that you may lose because of a spouse’s injury, but such intangibles as society, guidance, companionship and sexual relations. Usually, you may only make a loss of consortium claim where one spouse has been seriously injured, and that injury has had a direct negative effect on the marital relationship. Generally, you cannot make a loss of consortium claim if you are merely living with the injured person. A marital relationship is essential to making a loss of consortium claim.

Often, the non-injured spouse, at the direction of an experienced personal injury lawyer, will present compelling testimony at trial. This helps convince a jury that an accident has affected not only the marital relationship, but also the family. Juries often empathize with the spouse who was not injured and better appreciate how the injuries have affected the marriage and the family. An experienced personal injury lawyer will help you determine whether you should add a loss of consortium claim to your personal injury claim.