Question: What is a “loss of consortium” claim?
Answer: A claim brought by a spouse of an injured person against the wrongdoer that caused the injuries. Traditionally, the husband’s right of action for loss of consortium has been viewed as independent and separate from the wife’s claim for her injuries. As a result, a husband’s separate suit for loss of consortium has long been allowed. Since 1969, Indiana cases have held that a wife also may bring a separate suit for loss of consortium against one who has injured her husband. Under these cases, a successful suit by the injured spouse is not a prerequisite to recovery for loss of consortium. Also, a loss of consortium claim is a “derivative” from the spouse’s claim for their injuries. However, the injured spouse’s inability to recover for their injuries does not necessarily preclude their spouse’s claim for loss of consortium. Rather, the claim for loss of consortium will be barred only when the injured spouse’s claim is completely invalid. A loss of consortium claim derives its viability from the validity of the claim of the injured spouse against the wrongdoer. Absent an actionable injury to one spouse, the other spouse cannot recover for loss of consortium. Thus, where the contested injuries were not caused by any tortious misconduct of defendant, or where the injured spouse’s cause of action has been abrogated, the injured spouse has no valid claim, and a claim for loss of consortium is barred.