Researched and cited by our editorial team, not a law firm
Loss of Consortium Calculator: The Spouse's Separate Claim
Documented
Economic damages
$9,700
Medical bills plus lost wages
2.5x
Non-economic damages
$24,250
Pain and suffering, before caps
0% fault
Deductions
$0
Comparative fault and state caps
Net
Likely settlement
$33,950
The fair target you counter with
Negotiation range
Low, likely, high
Insurer's likely first offer
$16,975
Decline this
Fair settlement target
$33,950
Counter at this
Maximum reasonable
$57,715
Demand letter ceiling
$16,975$57,715
What the settlement is made of
Net settlement$33,950
Economic damages kept$9,70029%
Pain and suffering kept$24,25071%
Removed by fault and caps$00%
The ring is the gross claim of $33,950. The two kept arcs sum to the net figure in the center, and the red arc is what comparative fault and statutory caps take away.
Settlement breakdown
Gross $33,950
Settlement breakdown from economic damages through reductions to the likely settlement.
Component
Amount
Share
Medical expenses
$6,500
19.1%
Lost wages
$3,200
9.4%
Economic damages
$9,700
28.6%
Pain and suffering (2.5x economic)
$24,250
71.4%
Comparative-fault reduction (0%)
$0
0.0%
Likely settlement
$33,950
100.0%
Share is measured against the gross claim of $33,950. Method: multiplier method, industry standard. Estimate for negotiation, not legal advice.
Rules applied
Default
Negligence rule
pure comparative (default)
Statute of limitations
Varies by state
Non-economic cap
None modeled
Method
Multiplier, 2.5x
All 50 US states
No sign-up
Methodology cited inline
Loss of consortium is the loss or impairment of the intangible benefits of a relationship caused by a tortfeasor (the at-fault party) wrongfully injuring or killing a loved one. For married couples it covers companionship, comfort, affection, love, household services like housework and cooking, shared activities, and sexual relations. For a parent and child it is limited to the emotional and physical benefits normal to that relationship.
It does not include tangible financial benefits like wages or income, which are recovered separately as economic damages. The key structural point: loss of consortium is a separate claim, usually brought by the uninjured spouse, not by the injured victim, in recognition that a serious injury harms the whole family. There is no fixed formula.
It is a non-economic damage valued like other general damages, based on the severity of the injury and its effect on the relationship, and adjusters often fold it into the broader pain and suffering evaluation. Whether you can bring the claim is governed separately by each state, and states restrict it heavily. Traditionally it applied only to spouses.
Siblings, friends, and extended family typically cannot recover, and unmarried couples typically cannot bring a claim regardless of how long they have been together. Many states now let parents recover for a child's consortium, and a minority let children claim when a parent is wrongfully killed.
Estimate only, not legal advice. The legal rules this calculator applies, each state's statute of limitations, comparative-negligence rule, and damage caps, are taken from official state statutes and US government sources by the team who researches and reviews this site, and every figure is cited inline so you can check it against the original. The multiplier method itself is the industry-standard approach bodily-injury adjusters use internally to set claim reserves, so treat the result as a negotiating benchmark rather than a promise: a real settlement still moves with insurer behavior, the strength of your evidence, and the jurisdiction you file in. Your figures stay on your device. Nothing you type is sent to a server, logged, or shared, and it clears when you close the tab. Take these numbers to a personal-injury attorney licensed in your state before you accept or reject any offer, especially for catastrophic injury or amounts above $50,000.
What is a typical loss of consortium settlement?
Method note: there is no fixed formula. Loss of consortium is a non-economic damage valued like other general damages, based on injury severity and its effect on the relationship. Adjusters often fold it into the broader pain and suffering evaluation, so the pain and suffering calculator is the closest thing to a number for it.
How this calculator builds the number
1
Confirm the claim exists in your state. The right to sue is governed separately by each state, and states restrict it heavily. Traditionally it applied only to spouses.
2
Identify the right claimant. The claim is brought by the uninjured spouse (or in some jurisdictions another close family member), not by the injured victim.
3
Separate intangible from financial losses. Consortium covers companionship, affection, household services, shared activities, and sexual relations. Wages and income are recovered separately as economic losses.
4
Value it like other general damages. There is no formula. It is weighed on the severity of the injury and its effect on the relationship, often inside the broader pain and suffering evaluation. Start from the injured spouse's own estimate in the personal injury calculator, since the consortium claim tracks the severity of that injury.
5
Gather relational proof. Evidence is testimonial: the spouse testifies to lost companionship, services, and intimacy, and how the injury changed the relationship.
What moves a loss of consortium settlement up or down
A separate spousal claim
Loss of consortium is a distinct claim brought by the uninjured spouse, not by the injured victim. It recognizes that serious injury or death harms the whole family, not just the person hurt.
Governed state by state
The right to sue is governed separately by each state, and states restrict it heavily. A precise 50-state list of which states recognize spousal versus filial consortium is not pinned to a single authoritative source, so confirm your state's rule.
Excludes lost income
Consortium covers intangible benefits only: companionship, comfort, affection, household services, shared activities, and sexual relations. Tangible financial benefits like wages or income are recovered separately, as a lost wages claim rather than as consortium.
Unmarried couples and extended family usually excluded
Siblings, friends, and extended family typically have no right to recover. Unmarried couples typically cannot bring a claim regardless of how long the relationship has lasted.
Parent and child (filial) consortium
Many jurisdictions now allow parents to recover for loss of a child's consortium, though many limit it to cases where the child was fatally injured. A minority of states let children claim when a parent is wrongfully killed.
Valued like pain and suffering
There is no fixed formula. It is a non-economic damage valued on injury severity and relationship impact, and adjusters factor it into the broader pain and suffering evaluation.
Worked examples
Spousal claim after a severe injury
A married person suffers a severe, life-altering injury. The uninjured spouse brings a separate loss of consortium claim for lost companionship, household services, and intimacy.
There is no formula. The adjuster values it on the injury's severity and its effect on the marriage, often inside the broader pain and suffering number.
Unmarried partner barred
A long-term unmarried couple. One partner is seriously injured, and the other wants to claim loss of consortium.
Unmarried couples typically cannot bring the claim regardless of relationship length, so the value here is generally zero unless the state recognizes an exception.
Loss of consortium settlement questions
Who can bring a loss of consortium claim?
Usually the uninjured spouse, not the injured victim. Some jurisdictions extend it to another close family member. Siblings, friends, and unmarried partners typically cannot recover.
How is loss of consortium calculated?
There is no fixed formula. It is a non-economic damage valued like other general damages, based on the severity of the injury and its effect on the relationship. Adjusters often fold it into the pain and suffering evaluation.
Does it include lost income?
No. Loss of consortium covers intangible benefits like companionship, affection, household services, and intimacy. Wages and income are recovered separately as economic losses.
Can an unmarried partner claim it?
Typically no. Unmarried couples generally cannot bring a loss of consortium claim regardless of how long the relationship has lasted, unless a specific state recognizes an exception.
Can a parent or child claim it?
Many jurisdictions now allow parents to recover for a child's consortium, often limited to cases where the child was fatally injured. A minority of states let children claim when a parent is wrongfully killed.
The PersonalInjuryCalculator.us editorial team documents how US insurance carriers value personal-injury claims and turns that into plain-English calculators and explainers. Every dollar range, multiplier, filing deadline, and damages cap published here is traced back to a named source. The team is not a law firm and includes no attorneys, so nothing on this site is legal advice. Speak with a licensed attorney in your state for serious or contested cases.
Sources marked Industry estimate are published by law firms or commercial legal publishers. No government body reports what personal injury claims actually settle for, so figures of that kind come from the market rather than from official data. Legal rules on this site trace to statutes and government publishers.
Ready when you are
Run your numbers in 30 seconds.
Free, no sign-up, no email. Adjust the inputs above to see your range update live.