Loss of Consortium: Can My Spouse Recover After My Injury in Pennsylvania?
A serious injury doesn't only hurt the person in the accident. It changes a marriage. A spouse may suddenly become a caregiver, take over the household, lose a partner's company and support, and watch the person they love struggle. Pennsylvania law recognizes this through a claim called loss of consortium.
What loss of consortium covers
Loss of consortium is the uninjured spouse's own claim for what the injury took from the marriage, including:
Companionship, comfort and emotional support
Help around the house and with the family that the injured spouse can no longer give
Shared activities, travel and plans the couple can no longer enjoy
Intimacy and affection
Who can bring the claim
In Pennsylvania, loss of consortium is generally limited to a spouse who was legally married to the injured person at the time of the injury. Unmarried partners and fiancés usually cannot bring this claim. Pennsylvania courts have also declined to allow children to recover for loss of a parent's consortium in an injury case. When an injury is fatal, the family's losses are handled through a wrongful death claim instead.
How it's tied to the main injury claim
Loss of consortium is a "derivative" claim. It rises and falls with the injured spouse's case:
If the injured spouse's claim fails, the consortium claim usually fails too.
If the injured spouse is found partly at fault, the consortium award can be reduced.
In car accident cases, the injured spouse's limited tort or full tort election can also matter.
The two claims are normally filed together, and the same two-year deadline generally applies.
Why it can make a real difference
Insurance adjusters rarely bring this claim up on their own. A spouse's testimony about how daily life has changed is often some of the most powerful evidence in a serious injury case, and it can affect the overall value of the claim. Before accepting any offer, read should you accept the first settlement offer.
Talk to Joyce, Carmody & Moran
If a serious injury has changed your marriage, call Joyce, Carmody & Moran at 570-602-3560 for a free consultation. We make sure the claim reflects what your whole family has lost, not just the medical bills.
Our Wilkes-Barre personal injury lawyers and our Pittston personal injury attorneys represent injured people and their families throughout Northeastern Pennsylvania.
Let’s Work Together
When you work with us, you can expect clear communication, thoughtful strategy, and a team that is fully invested in your goals. We take the time to understand your needs, tailor our approach, and stand with you through every step of the legal process. Let’s move forward — together.