Case Value & Damages

What is loss of consortium?

Attorney-Reviewed Answer
Reviewed by Jeff T. Gorman, Criminal Defense Attorney & Former 19th Circuit Prosecutor (Fla. Bar #538183). Last reviewed: September 2026
Short Answer
A spouse's separate claim for the loss of companionship, services, and intimacy resulting from the injury.

It's a claim belonging to the uninjured spouse, not to the injured person — a distinct claim for what the injury cost the marriage.

What it covers. Companionship, affection, society, comfort, assistance and services around the home, and sexual relations.

It's derivative. It depends on the injured spouse's claim succeeding, and it's reduced by the same comparative fault allocation.

What supports it. Testimony about what the relationship was before and what it is now — activities shared, division of household work, and the concrete ways things changed. Specificity matters far more than description.

Why it's often overlooked. People don't know it exists, or find it uncomfortable to discuss. It's a real category of damages and it's routinely left out of claims where it applies.

Parents have related claims in defined circumstances involving significant injury to a child, and children in some circumstances involving a parent.

If you're married and this injury changed your household, say so. It's a separate claim. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.