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Personal injury

Loss of consortium

A claim by an injured person's spouse (and sometimes child or parent) for the loss of companionship, services, and intimacy.

Loss of consortium is a derivative claim — it belongs to the spouse (or in some states, the child or parent) of an injured person, not the injured person themselves. It compensates for the loss of companionship, services, sexual relations, and emotional support that result from the injury.

Missouri recognizes spousal loss of consortium under common law. Children's consortium claims are more limited. Damages are non-economic and are typically settled together with the underlying injury claim.

Illinois recognizes spousal consortium and limited filial consortium. Both states require that the underlying tort claim succeed for the derivative claim to recover.

These claims are sometimes overlooked in serious-injury settlements. When a spouse has been providing intensive care, lost intimacy, lost shared income, or watched their partner's permanent transformation, the consortium claim can be a meaningful additional component of recovery.

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