Loss of Consortium: Your Spouse’s Separate Claim

Part of the series: “What Is My Personal Injury Case Worth? A Complete Guide.” This article covers a frequently overlooked category of damages.

When someone is seriously injured, they’re often not the only person harmed. If they’re married, their spouse may have a legal claim of their own — called loss of consortium. It’s one of the most overlooked claims in personal injury law; we’ve met attorneys who’ve practiced for decades without realizing it’s a separate claim at all.

Loss of consortium is the harm a husband or wife suffers because their spouse was injured. Under Nebraska law it is a separate and distinct claim that belongs to the uninjured spouse — although it derives from the harm done to the injured spouse. In practical terms, that means your spouse can have their own claim, and even their own lawyer, in connection with your injury.

Why does the law recognize this? Because marriage matters. When a wrongdoer’s conduct damages a marriage — the companionship, the affection, the help with everyday life, the intimacy — the law treats the deprived spouse as having suffered a real loss worth compensating.

There’s one firm requirement: you have to be legally married. Nebraska does not recognize common-law marriage, so a long engagement or a years-long relationship doesn’t count — there has to be an actual marriage. Even being injured the day before a wedding wouldn’t support the claim. On the other hand, being married still counts even if a couple has been separated for years; what matters is the legal marriage.

Consortium covers both the practical and the personal: the household contributions one spouse provided — cooking, cleaning, yard work, and the like — and the intangible parts of married life, from companionship and affection to the small daily kindnesses. Every marriage is different, so this loss looks different in every case, which is exactly why it deserves a careful, individual conversation.

If you or your spouse has been seriously injured and it has affected your marriage, it’s worth asking whether a loss-of-consortium claim belongs in the case — because it’s a separate element of damages that’s easy to leave on the table.

If you’ve been injured and want an honest assessment of what your case may be worth, the attorneys at High & Younes can help. Consultations are free, and we commonly work on a contingency fee — no upfront cost to you.

Call or text us today at 402-933-3345.