Loss of Consortium

Loss of consortium is a legal claim brought by the spouse (and in some states, a child or parent) of an injured person to recover for the loss of companionship, affection, sexual relations, household services, and day-to-day partnership caused by the injury. It is a separate claim that belongs to the family member, not to the patient, even though it arises from the same illness.

Origin

"Consortium" comes from the Latin for "partnership" or "fellowship." English common law originally allowed only husbands to sue for loss of a wife's services; courts in the 20th century extended the claim to wives, and many states have since broadened it to registered domestic partners and, in limited circumstances, children or parents.

Significance in Asbestos Context

For a family living with mesothelioma, asbestosis, or asbestos-related lung cancer, this claim recognizes that the disease harms more than the patient. It changes the spouse's daily life, caregiving burden, intimacy, and shared future. In asbestos cases, loss of consortium is typically added to the injured person's claim and can meaningfully increase the total recovery, but availability and dollar limits vary widely by state. If the patient dies before the case resolves, the consortium claim usually continues alongside or is replaced by a wrongful death claim, depending on state law.

Example Sentence

When her husband was diagnosed with pleural mesothelioma, his wife joined the lawsuit with a loss of consortium claim to recover for the caregiving demands and the loss of their planned retirement together.

Related Terms

Wrongful Death, Compensatory Damages, Pain and Suffering, Survival Action, Non-Economic Damages

Notes

• Ask your legal team early whether your state allows loss of consortium and whether unmarried partners, children, or parents can also bring a claim. Eligibility and deadlines differ by jurisdiction.
• Keep a written record of how the illness has changed daily life: caregiving hours, missed travel or events, intimacy and emotional changes, household tasks the spouse has taken over, and any therapy or counseling sought.
• Be aware that the spouse may be deposed about the marriage and the impact of the illness; your attorney should prepare you for the kinds of personal questions that come with this claim.
• If the patient passes away during litigation, confirm in writing how the consortium claim will be handled and whether it converts to or is filed alongside a wrongful death action.