Loss of consortium allows the spouse of a seriously injured person to seek compensation. The severity of the injury harmed their marriage. Unfortunately, results may include lost companionship, affection, support, and intimacy. A loss of consortium claim is separate from the injured spouse’s own case; most states limit it to legally married couples.
Understanding Loss of Consortium
Loss of consortium is a legal term for the harm one person suffers when their spouse is seriously injured. It recognizes that a bad injury hurts more than the survivor. A severe injury may damage the entire relationship.
The Cornell Legal Information Institute describes loss of consortium as the loss of the intangible benefits of a relationship. For married couples, that can include:
- Companionship and society
- Love, affection, and emotional support
- Comfort and care
- Physical intimacy
- Help with household tasks and daily life
However, loss of consortium is not part of the injured spouse’s claim. Instead, it belongs to the uninjured spouse. These are non-economic damages, meaning they cover emotional and relationship losses rather than bills. Because they are hard to put a number on, a jury usually decides their value.
Eligibility Requirements for a Loss of Consortium Claim
Laws limit who may file a loss of consortium claim. In most states, only a legally married spouse can file this type of claim. Siblings, friends, and dating or long-term partners generally cannot, no matter how close the relationship.
For example, Alabama limits these claims to legally married spouses. Unmarried or dating couples cannot recover, even after many years together. However, there is one narrow exception: if you were in a valid common-law marriage formed before January 1, 2017. You may still qualify.
In Alabama, you must be legally married for a loss of consortium claim. A long-term relationship alone is not enough.
Injury vs. Death: How Does Alabama Handle It?
There’s an important difference between a hurt spouse versus one who is fatally injured. In Alabama, the two situations follow distinctly different rules.
If Your Spouse is Severely Injured
When your spouse survives a serious injury, you may file a loss of consortium claim. This claim addresses harm to your marriage.
If Your Spouse Passes Away
Alabama’s wrongful death law works differently from every other state. Under Ala. Code § 6-5-410, the only damages available in an Alabama wrongful death case are punitive damages.
That means loss of consortium is generally not a separate recovery when a spouse dies here. Instead, families pursue a wrongful death claim. Our wrongful death attorneys handle these cases. Our guide on who can receive wrongful death benefits explains how Alabama’s unique law works.
What You May Be Able to Recover in Loss of Consortium Damages
A loss of consortium claim can add meaningful value to a family’s overall case. However, strict rules apply, especially in Alabama. Potential damages may include:
- Loss of companionship and affection
- Loss of emotional support and comfort
- Loss of physical intimacy
- Loss of help with household duties and childcare
Plus, loss of consortium is a derivative claim. This is important. A loss of consortium claim depends on the injured spouse’s case. For example, if your spouse’s claim fails, your consortium claim may be reduced or lost too.
In Alabama, you generally have two years from the date of injury to file, under Ala. Code § 6-2-38. Usually, you file this claim with your injured spouse’s case, such as after a serious car accident. Don’t wait too long, because you may miss important deadlines.
Common Questions About Loss of Consortium
What is loss of consortium?
Loss of consortium compensates a person for harm to their marriage. If someone else’s negligence seriously injures a spouse, the injury may affect their marriage. This claim covers non-economic losses like companionship, support, and intimacy.
Who can file a loss of consortium claim?
In most states, only a legally married spouse can file a loss of consortium claim. Some states may allow a parent or child to recover in limited situations. In Alabama, only legally married spouses, or those in a valid common-law marriage formed before January 1, 2017, could introduce this claim.
Can unmarried partners claim loss of consortium?
Most states, including Alabama, limit these claims to legally married spouses. Unmarried or dating couples typically cannot recover, no matter how long or serious the relationship.
What damages are included in loss of consortium?
Loss of consortium covers non-economic, relationship-based losses. These may include losses of companionship, emotional support, or physical intimacy. However, these losses can’t be measured with receipts. So, instead, a jury usually decides their value based on the facts of the marriage.
Is loss of consortium available in a wrongful death case in Alabama?
Generally, no, because Alabama’s wrongful death law is unusual. Under Ala. Code § 6-5-410, only punitive damages are available. Non-economic damages, like loss of consortium, are not a separate recovery when a spouse is killed. If a spouse does pass away, the family pursues a wrongful death claim instead.
What is the time limit for a loss of consortium claim?
In Alabama, you typically have two years from the date of the injury to file a loss of consortium claim. Typically, you file it at the same time as your injured spouse’s case. Don’t put your case at risk by missing the deadline.
Trust Alexander Shunnarah Trial Attorneys Today
When a serious injury changes your marriage, the law recognizes that your loss is real. Our firm helps families like yours pursue every possible form of compensation. This includes loss of consortium claims. Schedule a free case review today.
Reviewed by Alexander Shunnarah, Attorney and Chief Executive Officer at Alexander Shunnarah Trial Attorneys on 2026-08-03.
