What Is Loss of Consortium?
Loss of consortium is a legal claim for damages suffered by the spouse (or sometimes close family member) of an injured person. It compensates for the loss of companionship, affection, comfort, sexual relations, and household services resulting from the other spouse’s injury. It is a separate claim from the injured person’s own claim for pain and suffering.
How It Works Under Arizona Law
Arizona recognizes loss of consortium as a standalone cause of action for spouses of injured parties. Courts have also extended it in some circumstances to children claiming loss of parental consortium. The claim belongs to the uninjured spouse—not to the injured person—and can be brought alongside the injured person’s claim.
Loss of consortium damages are non-economic: there is no invoice. The jury weighs evidence of changes in the couple’s relationship, testimony from both spouses, and the nature and permanence of the underlying injury. Arizona’s prohibition on damage caps (Article 2, Section 31 of the state constitution) applies equally to consortium claims.
How It Affects Your Personal Injury Case
Loss of consortium adds an additional plaintiff and an additional claim to the case, potentially increasing the total recovery. Defense insurers routinely undervalue or deny consortium claims; a well-documented claim with testimony about the relationship before and after the injury strengthens negotiating leverage. Evidence includes testimony from friends, family, and treating therapists about relationship changes.
Example Scenario
After a Peoria intersection crash, David suffers a severe back injury requiring multiple surgeries. His wife Lisa files a consortium claim alongside his PI case, documenting the changes in their marriage: David can no longer do yard work or household activities, they cannot travel together as they did, and their intimacy has suffered significantly. Lisa’s consortium claim adds $85,000 to the total settlement.
Frequently Asked Questions
Can an unmarried partner file a loss of consortium claim in Arizona?
Arizona courts have traditionally required legal marriage for consortium claims. Domestic partners and cohabitating couples face significant hurdles in establishing consortium damages, though the law continues to evolve. An attorney familiar with current Arizona case law can assess whether any exception may apply in a given situation.
Does a loss of consortium claim get reduced if the injured spouse was partly at fault?
Yes. Under Arizona’s comparative negligence rules (ARS § 12-2505), the consortium claim is derivative of the injured spouse’s claim. If the injured spouse was found 25% at fault, the consortium damages are also reduced by 25%.
Have questions about a loss of consortium claim? Call Wood Injury Law at (623) 207-0000 for a free case review.