Legally Reviewed by William Pemberton on September 25, 2026
If you suffer injuries in Wisconsin due to someone else’s negligence, your spouse may be able to file a loss of consortium claim. A loss of consortium claim allows your spouse to seek compensation for how your injuries have affected your relationship, including the loss of companionship, affection, support, and intimacy you once shared. This claim recognizes that an injury harms not only you but also your marriage and your spouse’s quality of life.
At Pemberton Personal Injury, we’ve seen firsthand how serious injuries affect entire families. With over 20 years of experience representing injured Wisconsinites from our offices in Madison, Baraboo, and Eau Claire, our team understands that the full scope of damages extends beyond medical bills and lost wages. Our Wisconsin personal injury lawyers recognize your spouse may have taken on new caregiving responsibilities, experienced emotional distress, or lost the relationship they once had with you.
What Is Loss of Consortium?
Loss of consortium refers to the deprivation of the benefits of a family relationship because of injuries caused by another party. In a marital context, it includes the loss of companionship, emotional support, love, affection, and sexual relations. Wisconsin law recognizes these losses as legitimate damages when someone’s negligence causes serious injuries to your spouse.
The claim acknowledges your spouse as a victim of the accident, too. While you deal with physical recovery, your spouse faces their own losses. They might struggle with new household responsibilities, financial burdens, or emotional strain from watching you suffer.
When Can Your Spouse File This Claim?
Your spouse can pursue a loss of consortium claim when you suffer injuries in accidents such as car accidents, truck collisions, motorcycle crashes, or slip and fall incidents. The injury must significantly impact your relationship. Courts look at whether the injury has caused a substantial and lasting change in your marriage.
For example, if you sustained a spinal cord injury in a car accident and now require constant care, your spouse has lost not just your physical presence but also the partnership and shared activities you once enjoyed. If you suffered a traumatic brain injury that changed your personality or cognitive abilities, your spouse may have lost the emotional connection that defined your marriage.
What Damages Can Your Spouse Recover?
Your spouse can seek compensation for several types of losses after you’ve been hurt in an accident. These include the following:
- Loss of companionship and emotional support
- Loss of household services and assistance
- Loss of sexual relations
- Emotional distress of watching you suffer and adjust to your injuries
Understanding Wisconsin’s Legal Requirements
Wisconsin Statute 893.54 establishes the time limit for filing personal injury claims. Typically, a lawsuit must be filed within three years from the date of the injury, and this same three-year period generally applies to a spouse’s loss of consortium claim. However, there are important exceptions and nuances that can affect the applicable deadline.
Starting the legal process early protects your rights and gives your attorney time to build a strong case. The insurance company will investigate your claims, and having legal representation from the start helps ensure they treat both claims fairly.
Pursuing Both Claims Together
In most cases, your personal injury claim and your spouse’s loss of consortium claim proceed together as part of the same lawsuit. This approach makes sense because both claims arise from the same accident and involve overlapping evidence. Combining the claims also prevents complications with legal deadlines and ensures consistent presentation to the insurance company or court.
Your attorney will work to maximize recovery for both claims. While your claim focuses on medical expenses, lost wages, and your pain and suffering, your spouse’s claim addresses the separate harm to your relationship and their individual losses.
Get Help With Recovering Compensation at Pemberton Personal Injury
If you’ve suffered a serious injury and your spouse has experienced losses because of it, you deserve compensation for all the harm the accident caused. At Pemberton Personal Injury, we understand how devastating injuries affect entire families, not just the injured person. Our team has helped Wisconsin families recover compensation for personal injury and loss-of-consortium claims.
Don’t face the insurance companies alone. Contact us for a free case evaluation to discuss your situation and learn how we can help you and your spouse pursue the full compensation you deserve.
Frequently Asked Questions: Loss of Consortium Claims in Wisconsin
Does my spouse need to file a separate lawsuit for a loss of consortium claim?
In most cases, a loss of consortium claim is filed as part of the same lawsuit as your personal injury claim rather than as a separate action. This is the standard approach because both claims arise from the same accident, involve the same evidence, and are subject to the same legal deadlines. Filing them together is more efficient and avoids potential complications with the statute of limitations. Your attorney will coordinate both claims to ensure that your damages and your spouse’s damages are each fully presented and supported by the available evidence.
What types of injuries can support a loss of consortium claim in Wisconsin?
A loss of consortium claim requires that you suffered a serious injury that substantially affected your marital relationship. Injuries that commonly support these claims include spinal cord injuries that result in paralysis or require ongoing care, traumatic brain injuries that alter personality or cognitive function, severe orthopedic injuries that limit physical activity and daily life, and injuries that cause chronic pain or permanent disability. Minor injuries that heal fully and leave no lasting impact on the relationship are unlikely to support a consortium claim. The key question courts consider is whether the injury caused a substantial and lasting change in the nature of the marital relationship.
How much compensation can my spouse receive in a loss of consortium claim?
Loss of consortium damages are non-economic, meaning they do not correspond to a specific bill or financial loss. Their value depends on the strength of the evidence documenting how the marriage was affected, the severity and permanence of your injuries, the quality and depth of the relationship before the accident, and how the jury or insurer evaluates those factors. Because these damages are subjective and case-specific, there is no fixed formula for calculating them. An experienced personal injury attorney can help assess the likely range of consortium damages based on the specific facts of your situation and prior case outcomes in Wisconsin.
Can domestic partners file a loss of consortium claim in Wisconsin?
Wisconsin recognizes domestic partnerships and extends legal rights to registered domestic partners in several contexts. Whether a registered domestic partner can file a loss of consortium claim involves specific legal considerations that depend on the nature of the relationship and how the claim is structured. Unmarried partners who are not registered domestic partners face significant legal obstacles to bringing a consortium claim in Wisconsin. If you and your partner are not legally married or registered, consulting with a personal injury attorney is the best way to understand whether any avenue for recovering these types of damages may be available in your situation.
What evidence is needed to prove a loss of consortium claim?
Proving a loss of consortium claim requires evidence that demonstrates how your injuries changed the nature of your marriage. Useful evidence includes your spouse’s testimony about the specific ways the relationship has changed, such as the loss of shared activities, physical intimacy, emotional support, and daily partnership. Testimony from friends, family, or coworkers who observed the couple before and after the injury can also support the claim. Medical records and expert opinions documenting the extent and permanence of your injuries help establish the foundation for the claim. A personal journal kept by your spouse describing the ongoing impact on the relationship can be particularly powerful evidence.
ABOUT THE ATTORNEY
William Pemberton
Personal Injury Attorney, Pemberton Personal Injury Law Firm
William Pemberton is the founding attorney of Pemberton Personal Injury Law Firm, representing injured Wisconsinites across Madison, Eau Claire, Baraboo, Fitchburg, and Sun Prairie. He handles car accidents, motorcycle accidents, dog bites, brain injuries, and wrongful death cases on a contingency fee basis.
