WGK Personal Injury Lawyers | January 23, 2026 | Car Accidents
When a serious car accident happens, the injured person is not the only one who suffers. Family members often experience significant emotional and relational harm. One of the most misunderstood damages in personal injury cases is “loss of consortium.”
In Maryland, spouses may recover compensation when an accident deprives them of the companionship and support they once enjoyed. This article explores what loss of consortium means, how it applies to car accident cases, and what injured families need to know.
Defining Loss of Consortium
Loss of consortium refers to the deprivation of the benefits of a family relationship due to injuries caused by another’s negligence. These benefits include love, affection, comfort, companionship, society, and sexual relations.
When an injury is severe enough to disrupt the marital relationship, the spouse may seek monetary damages for this intangible harm. In Maryland, only spouses can typically file a loss of consortium claim, although some states allow parents or children to sue. Understanding this definition helps families recognize whether they may have a claim.
How Loss of Consortium Arises After a Car Accident
Car accidents can lead to long‑term physical and psychological injuries. If a person suffers spinal cord damage, traumatic brain injury, or another debilitating condition, they may become unable to participate in family life. Their spouse may lose their partner’s companionship, shared activities, and intimacy.
Because these losses are difficult to measure, courts consider testimony about the couple’s relationship before and after the accident.
Elements of a Loss of Consortium Claim
For a spouse to recover damages, several elements must be met:
- Legal marriage – The spouses must be legally married at the time of the injury. Maryland does not recognize domestic partnerships for this purpose.
- Injury caused by negligence – The injured spouse must prove that another driver’s negligence caused the accident and resulting injuries.
- Loss of consortium – The claimant must show that the injury substantially interfered with the marital relationship, affecting companionship or intimacy.
- Causation – There must be a clear link between the injury and the loss of consortium. Preexisting marital problems can limit recovery.
These elements ensure that only legitimate and provable losses are compensated.
Factors Affecting the Value of the Claim
Several factors influence how much compensation a spouse may receive:
- Severity of the injury – Catastrophic injuries that cause paralysis or cognitive impairment are more likely to disrupt relationships and may lead to higher awards.
- Quality of the marital relationship – Evidence of a strong, loving marriage before the accident supports a larger claim. A troubled relationship may limit damages.
- Duration of the marriage – Long‑term marriages may receive more sympathy because partners have built years of shared experiences.
- Age and health – Younger spouses may suffer longer periods of loss, while older couples might have a shorter expected loss.
These factors show that every case is unique and must be evaluated on its own merits.
Procedural Considerations and Deadlines in Maryland
In Maryland, a loss of consortium claim is considered derivative, meaning it is tied directly to the injured spouse’s personal injury claim. As a result, it is typically filed in the same lawsuit rather than as a separate action. The claim is also subject to Maryland’s three-year statute of limitations for personal injury cases, which generally begins on the date of the car accident.
If the injured spouse’s claim fails, the loss of consortium claim will usually fail as well. Because of these procedural rules, spouses must act promptly and ensure the claim is properly pled alongside the underlying injury case.
Contact WGK Personal Injury Lawyers for a Free Consultation
Loss of consortium damages recognize that a car accident can harm an entire family, not just the person who was physically injured. When negligence permanently alters a marital relationship, Maryland law allows spouses to seek compensation for the companionship, support, and intimacy they have lost. Because these claims are complex and closely tied to the underlying injury case, experienced legal guidance is essential.
If your family has been affected by a serious car accident, WGK Personal Injury Lawyers can help you understand your rights and pursue the full compensation you deserve.
For more information contact the Baltimore car accident law firm of WGK Personal Injury Lawyers to schedule a free initial consultation.
WGK Personal Injury Lawyers
14 W Madison St, Baltimore, MD 21201, United States
(410) 837-2144
WGK Personal Injury Lawyers – Dundalk Office
7329 Holabird Ave Suite 3, Dundalk, MD 21222
By appointment only
(410) 970-3080
