Loss of Consortium in Maryland

The loss of consortium, under Maryland law and elsewhere, means the loss of society, affection, assistance and conjugal fellowship. It includes the loss or impairment of sexual relations. See Deems v. Western Maryland Ry., 247 Md. 95, 100 (1967). A loss of consortium claim does not involve economic loss. The monetary value of a loss of consortium claim is determined by the jury.

The Law on Loss of Consortiumloss of consortium

A loss of consortium claim may arise when a seriously injured spouse cannot fully participate in the marriage due to the injury. In Maryland, these claims are brought together in the same lawsuit. Unlike some other jurisdictions, termination of the injury claim also terminates the loss of consortium claim in Maryland. (Insurance adjusters who handle personal injury cases in a number of jurisdictions are often unaware of the Maryland law on this point and demand that the injured victim's spouse agrees to the settlement.) Because a consortium claim is derivative of the injured spouse's claim, a single cap for non-economic damages applies to the whole action. In other words, you cannot backdoor the cap with a loss of consortium claims.

If you are a bringing a loss of consortium claim before a jury in Maryland or elsewhere, you should proceed with some care. Many jurors ascribe to the notion that a spouse signs on "for better or worse, in sickness and in health." Weak or vague loss of consortium claims can weaken the credibility of the injured spouse, because the non-injured spouse is often the most effective witness on the damages to the injured spouse. While there is certainly no harm in bring a loss of consortium claim in your lawsuit, you want to reevaluate the claim before you bring it before a jury.

Solatium Damage

A related concept is solatium damages, which are awarded in wrongful death cases in Maryland for the death of a spouse; these may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education where applicable. Md. Code Ann., Cts. & Jud. Proc. Section 3-904(d).

Contact Us For a Free Consultation

If you are hurt in a serious accident or are the victim of medical malpractice, contact our team of lawyers to discuss your case.
Call us now for help at (800) 553-8082

You can also get a FREE no obligation on-line consultation.

Client Reviews

  • They quite literally worked as hard as if not harder than the doctors to save our lives.
  • Ron helped me find a clear path that ended with my foot healing and a settlement that was much more than I hope for. Aaron Johnson ★★★★★
  • Hopefully I won't need it again but if I do, I have definitely found my lawyer for life and I would definitely recommend this office to anyone! Bridget Stevens, Google User ★★★★★
  • The last case I referred to them settled for $1.2 million. John Selinger ★★★★★
  • I am so grateful that I was lucky to pick Miller & Zois. Maggie Lauer, Google User ★★★★★
  • The entire team from the intake Samantha to the lawyer himself (Ron Miller) has been really approachable. Suzette Allen, Google User ★★★★★
  • The case settled and I got a lot more money than I expected. Ron even fought to reduce how much I owed in medical bills so I could get an even larger settlement. Nchedo Idahosa ★★★★★