Loss of consortium is a claim that can be brought by your spouse for the harm to your marital relationship caused by your injuries. It compensates for the loss of companionship, affection, intimacy, support, and services that the spouse would have received but for the injury. Loss of consortium is a separate claim from your personal injury claim. It belongs to your spouse and compensates them for how your injuries have affected the marriage. For catastrophic injuries, the impact on marriage and family relationships is profound. When a spouse becomes a caregiver, when intimacy is no longer possible, when the injured person's personality changes due to brain injury, the damage to the marital relationship can be devastating and permanent. In Colorado wrongful death cases, surviving family members may also have consortium-type claims for loss of the deceased's love, guidance, and companionship.
