What Is Loss of Consortium?

Key Takeaways

• Loss of consortium is a separate legal claim filed by a spouse whose partner was severely injured or killed due to someone else’s negligence.
• In Nevada, only legally married spouses may file a loss of consortium claim; unmarried and domestic partners are not eligible.
• The claim covers non-economic damages, including lost companionship, intimacy, and household services.
• A loss of consortium claim is derivative, meaning it depends on the injured spouse first establishing a valid personal injury claim.
• Nevada’s two-year statute of limitations applies, and missing that deadline forfeits the right to file.

Most people understand that a serious injury affects the person who was hurt. What is less obvious is the toll it takes on the people closest to them. So, what is loss of consortium? It is a legal claim filed by a spouse who loses the companionship, emotional support, and intimacy of their partner due to another person’s negligence. Nevada law recognizes this harm as compensable, and many families who qualify are simply unaware the claim exists.

Cloward Trial Lawyers works with Las Vegas families in exactly these situations, and a Las Vegas personal injury lawyer from our team can help you determine whether you have a claim worth pursuing.

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What Is “Loss of Consortium” in Nevada?

In Nevada, loss of consortium is a separate legal claim filed by an uninjured spouse seeking compensation for what they lost when their partner was severely injured or killed due to someone else’s negligence. While the injured spouse’s claim covers medical expenses and lost wages, loss of consortium addresses what those bills cannot: companionship, affection, intimacy, and the daily presence of a partner.

These are real losses, even when they are not visible.

What Does a Loss of Consortium Claim in Nevada Cover?

Loss of consortium compensates for non-economic losses that go beyond what the injured spouse’s claim addresses. In Nevada, those losses fall into three categories:

• Companionship and Society: The loss of love, affection, comfort, and moral support that defined the relationship before the injury.
• Intimacy: The inability to engage in sexual relations or, in some cases, to have children as a result of the injury.
• Household Services: The loss of help with childcare, household tasks, and other daily responsibilities that the injured spouse previously shared.

Each category is evaluated individually, and the severity of the injury determines how much weight a court or insurer assigns to each.

Important Legal Rules in Nevada

Three legal rules determine whether a loss of consortium claim can move forward in Nevada:

• Legal Marriage Is Required: Nevada limits these claims strictly to legally married spouses. Unmarried partners and domestic partners are generally not eligible under current Nevada law.
• The Claim Is Derivative: It depends entirely on the injured spouse establishing a valid personal injury or wrongful death claim against the at-fault party. If the primary claim fails, the consortium claim also fails. Families dealing with a fatal accident should consult a Las Vegas wrongful death lawyer to understand how both claims connect.
• The Statute of Limitations Applies: Under NRS 11.190, the filing deadline follows the same two-year window as the primary personal injury or wrongful death claim. Missing it eliminates the right to recover.

Confirming eligibility early and filing within the required window are the two steps that protect a loss of consortium claim from the start.

How Damages Are Calculated

No fixed formula determines what a loss of consortium claim is worth, much like pain and suffering damages, courts and adjusters consider the severity of the injured spouse’s condition, the length and quality of the marriage, and how significantly daily life has changed. Whether the harm is permanent also weighs heavily. A spouse who provided primary childcare, emotional support, and household management before a catastrophic injury represents a different scale of loss, and this context directly shapes the claim’s value. Thorough documentation supports the case from the start.

How to File a Loss of Consortium Claim in Nevada

A loss of consortium claim is filed alongside the injured spouse’s primary personal injury case, not as a separate action. The supporting spouse must be identified as a claimant early, backed by records establishing the relationship before the injury, medical evidence of the injured spouse’s condition, and documentation of how daily life has changed. The deadline runs concurrently with the primary claim, which is why having legal representation from the start preserves the full value of both filings.

Contact a Las Vegas Personal Injury Lawyer Today

A serious injury or wrongful death affects the entire family, and Nevada law gives spouses the right to pursue compensation for those losses. For families still asking what is loss of consortium and whether they qualify, Cloward Trial Lawyers can help. Our team works to make sure every aspect of your family’s harm is fully accounted for. Contact use today at (702) 605-5000 to schedule a free consultation.