Loss of Consortium Damages Calculator
What is a loss of consortium damages claim?
Loss of consortium is a type of personal injury claim brought by the uninjured spouse (or, in some jurisdictions, close family members) when a serious injury or wrongful death harms the relationship itself. Instead of compensating the injured person for their pain and suffering, it seeks compensation for the spouse’s loss of companionship, affection, emotional support, and marital relations.
This calculator provides an educational estimate of potential loss of consortium damages based on a notional base value for the underlying injury and a severity multiplier. It is not a prediction of what any court, jury, or insurer will actually award in your specific case.
How courts and insurers think about loss of consortium
Loss of consortium is highly fact-specific. Courts and insurers typically look at factors such as:
- The seriousness and permanence of the injured spouse’s condition.
- Changes in the couple’s emotional intimacy, affection, and companionship.
- Impact on sexual relations and fertility, where relevant.
- Disruption of shared activities, parenting, and household roles.
- The length of the relationship before the injury and the couple’s prior level of closeness.
- Whether the injury has led to depression, personality changes, or withdrawal.
Because these harms are non-economic and subjective, awards can vary dramatically from case to case and from one jurisdiction to another.
Calculation overview and formulas
Our simple model treats loss of consortium as a percentage of the overall value of the underlying injury claim, adjusted for severity. You provide a base injury value (an estimated settlement or verdict value for the injured spouse’s primary claim) and a relationship impact level. The calculator then applies multipliers to produce a low, mid, and high educational range.
The core relationships can be written as:
Base formula (mid-range estimate):
where:
B= estimated base value of the injured spouse’s primary claim.p= percentage factor for loss of consortium, based on severity (for example, 0.05 = 5%).L= estimated loss of consortium damages.
To produce a range, we also compute low and high estimates:
and
where a and b are adjustment factors (for example, 0.7 and 1.4) that expand the range downward and upward from the mid-point estimate.
How to use this loss of consortium calculator
- Estimate the base injury value. Use the best information you have about the injured spouse’s potential claim (medical specials, lost wages, and non-economic damages). This may come from demand letters, settlement talks, or public case examples.
- Choose a relationship impact level. Think realistically about how the injury has changed companionship, intimacy, shared activities, and emotional support. Select a lower level for short-term or modest disruption, and a higher level for long-term or severe changes.
- Review the low, mid, and high estimates. The results show a range of possible loss of consortium damages expressed in dollars. Treat this as a rough educational guide, not a quote.
- Discuss numbers with a lawyer. Loss of consortium rules vary widely. A qualified attorney can evaluate jurisdiction-specific caps, precedents, and procedural requirements.
Worked example
Imagine a spouse suffers a spinal cord injury in a motor vehicle collision. Their primary personal injury claim has an estimated value of $800,000, based on medical expenses, lost earning capacity, and pain and suffering.
Before the crash, the couple hiked together, shared childcare duties, and were sexually active. After the injury, mobility is significantly reduced, intimacy is limited, and the uninjured spouse has taken on a caregiving role. The relationship impact might reasonably be described as severe and long-term.
If we assume the calculator uses a 15% mid-range consortium factor for “severe” impact, and 10% and 20% as low/high brackets, the math would be:
- Mid-range estimate: $800,000 × 0.15 = $120,000.
- Low estimate: $800,000 × 0.10 = $80,000.
- High estimate: $800,000 × 0.20 = $160,000.
A court or insurer might award more, less, or nothing, depending on the evidence, applicable law, and the credibility of the witnesses.
Comparison of illustrative scenarios
The table below compares how loss of consortium estimates can vary with different relationship impacts, even when the base injury value is similar. These are illustrative only, not predictions for any real case.
| Scenario | Relationship impact description | Illustrative base injury value | Example consortium percentage | Estimated consortium damages |
|---|---|---|---|---|
| Short-term disruption | Injury causes several months of reduced intimacy and shared activities, followed by substantial recovery. | $150,000 | 3% | $4,500 |
| Moderate long-term impact | Ongoing pain and limitations reduce travel, hobbies, and sexual relations, but the couple maintains strong emotional support. | $300,000 | 7% | $21,000 |
| Severe permanent impact | Catastrophic injury leads to permanent disability, major personality changes, and loss of most marital relations. | $900,000 | 15% | $135,000 |
Interpreting your results
When you run the calculator, you will typically see:
- Low estimate: A conservative number that might reflect defense-friendly assumptions, weaker evidence, or stricter jurisdictions.
- Mid estimate: A central, educational figure that assumes the claim is reasonably documented and supported by testimony.
- High estimate: A more generous outcome that could require compelling evidence, sympathetic fact patterns, or plaintiff-friendly venues.
Real-world outcomes can fall outside this range. Some cases may settle for less than the low estimate due to liability disputes or policy limits, while others may exceed the high estimate in extraordinary circumstances.
Key limitations and assumptions
This tool relies on simplifying assumptions and cannot reflect the nuance of individual cases. In particular, it:
- Does not account for jurisdiction-specific rules. Some states limit or bar loss of consortium claims, cap non-economic damages, or restrict who can file.
- Assumes liability and coverage. The estimates implicitly assume that the defendant is liable and that sufficient insurance or assets are available.
- Uses generalized percentage factors. The consortium percentages are illustrative, based on common patterns in public verdicts and settlements, not on any binding standard.
- Ignores procedural and evidentiary issues. Outcomes can change dramatically based on witness credibility, documentation, and litigation strategy.
- Does not constitute legal advice. Using this calculator does not create an attorney‑client relationship, and the results should not be relied on to make decisions about filing a claim or accepting a settlement.
For personalized guidance, speak with a licensed attorney in your jurisdiction who handles personal injury and loss of consortium claims.
Next steps and further resources
After exploring different inputs and ranges, consider:
- Documenting how the injury has changed your day-to-day relationship, including specific examples.
- Collecting medical records and treatment notes that corroborate the impact on your spouse.
- Scheduling a consultation with a personal injury lawyer to review both the primary claim and any potential loss of consortium claim.
- Reviewing plain-language legal resources from reputable organizations such as state bar associations or established legal information sites.
Loss of consortium claims can be emotionally sensitive and legally complex. Use this calculator as a starting point for understanding potential ranges, not as a substitute for experienced legal counsel.
Results
Disclaimer: This calculator provides educational estimates only and does not constitute professional advice. Consult with qualified professionals for your specific situation.