What Is Loss of Consortium in a Connecticut Personal Injury Case?

A personal injury can be life-changing for the victim, but it can also have devastating effects on their partner. If your spouse was recently injured by another party’s negligence, you likely have grounds to file a personal injury claim to recover their damages, but you may also have grounds to claim compensation for your loss of consortium. You should hire a personal injury lawyer to help you construct your case and address the full extent of the losses your family suffered.

Understanding Loss of Consortium in a Personal Injury Case

The goal of any personal injury case is for the injured victim to hold the defendant accountable for their negligence and to secure the compensation needed to recover. Under Connecticut’s personal injury laws, the plaintiff has the right to claim compensation for economic losses, but they can also seek compensation for non-economic losses, and this could include their spouse’s loss of consortium.

A New London personal injury lawyer is a crucial asset if you believe you have grounds to file any type of personal injury claim in Connecticut. You are likely eligible to file this case after any incident caused by another party’s negligence or misconduct. For example, car accidents are a leading cause of accidental injuries and deaths in Connecticut each year. In 2025, there were 897 vehicle crashes recorded in New London involving 2,026 people.

Success with your case not only requires proof that the defendant’s negligence or misconduct directly resulted in actual harm, but also proving the full extent of the harm done. If you intend to claim compensation for loss of consortium, holding the defendant accountable for this will be challenging without an attorney’s help.

In Connecticut, only the spouse of the victim has grounds to claim compensation for loss of consortium. This term can apply to their loss of companionship, physical affection, sexual intimacy, and household services that the victim provided.

It’s important to remember that a loss of consortium claim is both separate from the victim’s personal injury case and entirely dependent upon it, so it qualifies as a derivative claim. If the victim’s personal injury case is dismissed, their spouse’s loss of consortium claim is also dismissed automatically. The main personal injury case seeks compensation for the victim’s losses, while the derivative loss of consortium claim seeks compensation for the victim’s spouse.

Claiming Loss of Consortium After a Wrongful Death

If your spouse suffered a catastrophic injury due to another party’s negligence or misconduct, you may be eligible to attach a loss of consortium claim for your non-economic damages to your spouse’s personal injury case. However, if your spouse did not survive, then you must prepare to file a wrongful death claim, and loss of consortium may be attached to this case as well.

A New London wrongful death lawyer is a crucial asset if you intend to file a wrongful death claim in response to your spouse’s death. While this is technically a form of personal injury case, there are special rules that apply, and in Connecticut, a wrongful death claim is filed on behalf of the victim, so their spouse’s loss of consortium claim would be a derivative of the main wrongful death claim, similar to filing a loss of consortium claim with a standard personal injury claim.

A loss of consortium claim seeks compensation for non-economic damages, and it may be difficult for you to assign any monetary value to intangible losses. Connecticut law does not cap or limit pain and suffering compensation in most personal injury cases, so you will need an attorney’s help to recover as much as possible with your loss of consortium claim. Suisman Shapiro Attorneys-at-Law can assist you, so reach out to our firm as soon as possible.

FAQs

When Can I File a Loss of Consortium Claim in Connecticut?

You can file a loss of consortium claim in Connecticut after your spouse has suffered a severe or fatal personal injury that results in the loss of your ability to enjoy their companionship, physical affection, sexual intimacy, and the household services they provided. This loss of consortium claim is functionally separate from the main personal injury or wrongful death case filed against the defendant, but is entirely dependent upon its outcome.

How Much Compensation Can I Claim for Loss of Consortium in Connecticut?

The amount of compensation you can claim for loss of consortium in Connecticut depends on several variables. Under Connecticut’s personal injury laws, there is no hard limit on non-economic damages in most personal injury cases, so the amount you receive will be decided based on the specific details of your case and the severity of the harm done by the defendant. Non-economic damages are typically paid in proportion to the total damages in the main claim.

How Do You Prove Loss of Consortium?

Proving loss of consortium will require evidence that shows your spouse’s injury or death had a direct negative impact on your life. You need to show that you had a legally qualifying relationship with the victim, that the defendant’s negligence or misconduct directly harmed the victim, and that this harm directly affected your shared life with the victim. The victim’s injury must have caused long-term, permanent, or fatal harm for you to have grounds to file this claim.

Why Should I Hire a Personal Injury Lawyer for Loss of Consortium?

You should hire a personal injury lawyer for loss of consortium because having experienced legal counsel on your side dramatically improves your chances of success with any other type of personal injury case. If you intend to file a derivative loss of consortium claim, this claim seeks compensation for non-economic losses, which are much more difficult to prove than economic losses. Your attorney will know how to prove liability for your intangible losses.

The team at Suisman Shapiro Attorneys-at-Law has successfully helped many injured clients in New London and throughout Connecticut with a wide range of personal injury cases. We have not only helped victims recover their losses, but also assisted their spouses in recovering compensation for their loss of consortium. Contact us today to schedule a consultation with our team if you believe you have grounds to file this type of civil case.