What is Loss of Consortium?

When someone suffers a serious or fatal injury due to another party’s negligence, the impact extends beyond just the injured person. Family members—particularly spouses—often experience profound emotional and relational losses. In Virginia, one of the legal avenues to recognize this suffering is through a claim known as loss of consortium. 

Definition and Scope 

Loss of consortium refers to the deprivation of the benefits of a close familial relationship. These include the companionship, care, comfort, guidance, affection, and intimacy that are typically shared between spouses. When a spouse is killed due to someone else’s wrongful actions, the surviving partner may suffer not just emotional pain, but also the loss of the relationship’s unique emotional and supportive dimensions. 

In legal terms, loss of consortium is a non-economic damage, which means it is not tied to specific financial costs like medical bills or lost income. Instead, it recognizes deeply personal, intangible losses that affect the quality of life and emotional well-being of the surviving spouse. 

Virginia’s Approach to Loss of Consortium 

Virginia law is fairly specific about who can bring a loss of consortium claim—and under what circumstances. Currently, loss of consortium is not permitted in personal injury cases where the injured spouse survives. This means if your partner is hurt but alive, even if their injuries are life-changing, you cannot file a separate claim for the impact it has had on your relationship. 

However, Virginia does recognize loss of consortium claims in wrongful death cases. If your spouse dies as the result of another person’s negligence—such as in a car accident, workplace injury, or medical malpractice case—you may be entitled to pursue compensation for the loss of their companionship and support. 

Proving Loss of Consortium 

Because it involves deeply personal aspects of life, loss of consortium can be difficult to prove. There are no receipts or objective measurements to quantify what a relationship loss is worth. Instead, courts often rely on the presentation of evidence like: 

• Personal testimony from the surviving spouse 

• Statements from family and friends who observed the relationship 

• Documentation of changes in daily life or emotional distress 

• Medical records that provide context for the nature of the injury or death 

These elements help paint a clear picture of how the loss has affected the surviving spouse’s life and can be used by attorneys to argue for appropriate compensation. 

Compensation for Loss of Consortium 

Because this type of damage is non-economic, there is no fixed dollar amount. Instead, compensation is determined based on factors such as the strength of the relationship, the length of the marriage, and the extent of the emotional and personal loss suffered. A skilled personal injury attorney will take these elements into account when building the case and negotiating a settlement or presenting at trial. 

Why Legal Guidance Matters 

Loss of consortium claims are nuanced and require a deep understanding of Virginia law. At Rutter Mills, we have decades of experience representing families dealing with the aftermath of a tragic injury or wrongful death. We work closely with our clients to understand the full extent of their suffering and help them pursue every form of compensation available under the law. 

If you’ve lost a spouse due to someone else’s negligence, you don’t have to navigate this process alone. Contact Rutter Mills for a free consultation with an experienced personal injury attorney. We’ll help you understand your rights and guide you through every step of your legal journey.