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Researched and cited by our editorial team, not a law firm

Loss of Consortium Calculator

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.

Claim inputs

Live
Sets the rules and multiplier baseline
Type a name or code. Each option shows the rule it applies.
Documented damages
Past treatment, ER, imaging, PT
Time off work, partial included
Injury and fault
Injury severity2.5x multiplier
Drives the multiplier applied to economic damages
0%
Comparative-negligence reduction. Pure-contributory states (NC, VA, AL, MD, DC): any fault means $0.
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 centre, 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.
ComponentAmountShare
Medical expenses$6,50019.1%
Lost wages$3,2009.4%
Economic damages$9,70028.6%
Pain and suffering (2.5x economic)$24,25071.4%
Comparative-fault reduction (0%)$00.0%
Likely settlement$33,950100.0%

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

Your settlement breakdown

Car accident · All states · Pure comparative negligence

Likely settlement

$33,950

Medical expenses
$6,500
Lost wages
$3,200
Economic damages
$9,700
Pain and suffering (2.5x)
$24,250
Comparative fault (0%)
$0
Likely settlement
$33,950
Insurer's likely first offer
$16,975
Fair settlement target
$33,950
Maximum reasonable
$57,715
Multiplier applied
2.5x
Your share of fault
0%
Negligence rule
pure comparative (default)
Statute of limitations
Varies
Non-economic cap
None modeled

Multiplier method, industry standard, applied to a gross claim of $33,950. Pain and suffering is an estimate rather than a documented figure. This is an estimate for negotiation, not legal advice.

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, 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.

  • All 50 US states
  • No sign-up
  • Methodology cited inline
  • Methodology cited inline

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.

About the editorial team

Research and Editorial Team

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.

Last reviewed · Read full bio

Sources

  1. Cornell Legal Information Institute (Wex), loss of consortium
  2. Cory Watson, loss of consortium as a separate claim
  3. FindLaw, pain and suffering multiplier (consortium valuation)
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