What Is Loss of Consortium in Maine?

The Short Answer:

Loss of consortium refers to the loss or impairment of the benefits of a close relationship—such as love, companionship, affection, emotional support, and sexual intimacy—when a partner is seriously injured or killed due to another party’s negligence. In Maine, a claim can generally be filed by spouses and registered domestic partners. The law in this area continues to develop, and courts may expand eligibility in the future.

At Lowry Law, our personal injury lawyers help Maine families seek justice not only for medical expenses and lost wages, but also for the hidden and deeply personal losses that are too often overlooked.

Key Takeaways

• Loss of consortium covers relational harm, not financial loss. It includes loss of love, companionship, intimacy, support, and household contributions after a serious injury or wrongful death.
• Spouses and some partners may qualify in Maine. While state law primarily limits claims to legally married spouses and registered domestic partners, courts are continuing to evaluate other types of partnerships.
• You must prove 3 key elements. The claim requires a valid personal injury case, a legally recognized relationship, and evidence showing a significant impact on the relationship.
• Damages are highly personal and difficult to calculate. Settlements vary widely depending on the severity of the injury, the impact on the relationship, and Maine’s comparative negligence rules.
• Lowry Law is here to support you. Loss of consortium claims are often challenged, and our trusted Maine attorneys can gather the right evidence, file on time, and fight for maximum compensation.

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What Does Loss of Consortium Mean?

Loss of consortium means losing the ability to enjoy your relationship with a loved one due to injury or death caused by someone else’s negligence. This could include:

• Loss of affection and companionship for a lack of comfort, love, and meaningful connection once shared with the injured or deceased person.
• Loss of comfort or emotional support if the injured person is no longer able to provide emotional encouragement, stability, and mutual care.
• Loss of household services and childcare support if the injured party can no longer help with day-to-day responsibilities like cooking, cleaning, childcare, yard work, or running errands.
• Loss of intimacy and sexual relations if physical intimacy suffers due to pain, mobility issues, or emotional trauma following the injury.
• Increased emotional burden or grief if the non-injured family member experiences overwhelming grief, loneliness, or resentment from the sudden life change.

This type of damage is often overlooked but can be deeply life-altering for the non-injured family members.

Examples of Loss of Consortium Claims

A claim for loss of consortium often stems from serious or catastrophic accidents that permanently change a loved one’s ability to provide the care, support, and companionship they once offered.

Examples include:

• Car, truck, and motorcycle accidents
• Pedestrian and bicycle accidents
• Slip and fall accidents
• Defective product injuries
• Assault or violent crime
• Wrongful death cases

Each of these events can dramatically affect your family dynamics, and legal action can help you recover financially.

Who Can Bring a Loss of Consortium Claim in Maine?

Under Maine law, spouses and registered domestic partners are the primary parties who can bring a loss of consortium claim. However, there is developing law around other types of partnerships, and courts may recognize additional relationships in the future as the law continues to evolve.

This means:

• Spouses are clearly eligible. If your husband or wife was seriously injured due to someone else’s negligence, you may have the right to recover damages for the impact on your marriage.
• Registered domestic partners also qualify. Maine recognizes certain domestic partnerships, and these partners may be able to bring a loss of consortium claim.
• Children and parents cannot file loss of consortium claims in Maine, even if their relationship with the injured loved one has been deeply affected.

If you have questions about your eligibility or how your relationship may be recognized under Maine law, the experienced attorneys at Lowry Law are here to help you understand your rights.

How to Prove a Loss of Consortium Claim

To succeed in a loss of consortium claim, the non-injured partner must show how their relationship has been substantially harmed due to the injury. Courts will require clear proof of both the legal foundation of the claim and the real-life emotional and practical consequences the injury has caused.

Here are the key elements you’ll need to establish:

1. A valid personal injury claim against the responsible party: The injured partner must have a viable personal injury or wrongful death case caused by someone else’s negligence.
2. A legally recognized relationship with the injured person: In Maine, this generally means a lawful marriage. Registered domestic partners also have standing, and there is developing law regarding other types of partnerships.
3. A significant impact on the relationship due to the injury: You must show that the injury has meaningfully diminished the emotional, physical, or functional aspects of the relationship, such as companionship, intimacy, shared activities, or household support.

Supporting Evidence: How to Show the Impact on Your Relationship

Because loss of consortium damages are subjective, strong documentation and persuasive personal accounts are essential to prove your claim. The court needs to see not only that the injury occurred, but that it caused a deep and lasting disruption in your relationship.

Common evidence includes:

• Medical records and diagnoses showing the extent and permanence of the injury
• Counseling records or psychological evaluations related to the strain on your relationship
• Expert testimony from marriage counselors, therapists, or medical professionals
• Personal statements from both partners about changes in the relationship dynamic
• Letters or testimony from family and friends who observed the couple before and after the injury
• Photos or video documentation that illustrate lost activities, travel, or routines
• Documentation of household role changes, such as caregiving responsibilities or reduced physical assistance

Loss of consortium claims can be emotionally difficult and legally complex. They involve intimate details of your personal life and are often challenged by insurance companies or defense attorneys who may try to minimize the value of your loss.

An experienced personal injury lawyer can help you gather the strongest possible evidence, tell your story with dignity, and pursue full compensation for the life-altering losses you’ve experienced.

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What Are the Damages for Loss of Consortium?

Loss of consortium damages are a specific category of non-economic damages meant to compensate the uninjured partner—not for financial losses like medical bills or lost wages—but for the deeply personal and relational harm they’ve suffered due to their partner’s injury.

When pursuing a loss of consortium claim in Maine, the following damages may be considered:

• Loss of love and affection
• Loss of companionship and society
• Loss of comfort and care
• Loss of sexual intimacy
• Emotional distress and role changes

There’s no fixed formula or standard calculator for emotional loss, intimacy, or the strain placed on a marriage. Each case is unique, and the value of a loss of consortium claim depends heavily on the specific facts, the quality of evidence presented, and how the injury has transformed your relationship.

Loss of Consortium Settlement Amounts

Loss of consortium settlement amounts vary widely based on:

• The severity and permanence of the injury
• The age and health of both partners
• The length and strength of the relationship
• The impact on the household and caregiving roles
• Jurisdictional limits or caps on damages

Some cases may result in tens of thousands of dollars, while more severe injuries (like paralysis or brain trauma) can lead to 6-figure consortium awards as part of a larger personal injury or wrongful death settlement.

If you’re considering pursuing damages for loss of consortium, work with an experienced attorney. At Lowry Law, our legal team can help you build a compelling case that clearly demonstrates the true impact of your loss and fight for the full compensation you may be entitled to.

Filing a Loss of Consortium Claim in Maine

If your relationship has been significantly affected by your partner’s injury or death due to someone else’s negligence, you may have grounds to file a claim for loss of consortium under Maine law. However, these claims are closely tied to the injured partner’s primary personal injury or wrongful death case and must meet certain legal requirements.

How to File a Loss of Consortium Claim

A loss of consortium claim is typically filed as part of or alongside a personal injury lawsuit brought by the injured partner. The uninjured partner becomes a separate plaintiff in the case, with their own claim for non-economic damages related to the loss of companionship, support, intimacy, and shared responsibilities.

Work with an attorney early in the process to help ensure your claim is filed properly and supported with strong evidence. The more clearly you can show how the injury has changed your relationship, the stronger your case will be.

Maine’s Statute of Limitations

In most Maine personal injury cases, the statute of limitations for filing a loss of consortium claim is usually 6 years from the date of the injury, but there can be other deadlines depending on the type of case, sometimes as short as 30 days. This applies as long as the injured partner is also pursuing a valid claim within that timeframe.

However, if the primary personal injury claim is barred by the statute of limitations or otherwise dismissed, the loss of consortium claim cannot continue independently. Timely legal action is essential to preserve both claims.

How Comparative Negligence Affects Loss of Consortium Claims

Maine follows a modified comparative negligence rule, which means that if the injured partner is found to be 50% or more at fault for the accident, neither the injured partner nor the non-injured partner can recover damages.

If the injured partner is less than 50% at fault, any damages awarded (including for loss of consortium) will be reduced by their percentage of fault. For example, if your partner is found 20% responsible for the accident, your loss of consortium award would be reduced by 20% as well.

This makes it crucial to have a skilled legal team who can present a clear case for liability and defend against attempts to unfairly assign blame.

How Lowry Law Helps With Loss of Consortium Cases

We know that a devastating injury doesn’t just harm the person who was physically hurt—it alters the fabric of the entire family. When your relationship is affected by lost affection, emotional strain, or the absence of support and intimacy, that pain is real and it matters.

When you work with Lowry Law, you can expect:

• Decades of experience with emotional and relational damages: We understand the legal complexities of proving non-economic loss and will build a strong case supported by expert insight and real evidence.
• Compassionate, client-focused service: You’ll work directly with an attorney who listens, understands your story, and supports you through each step.
• Aggressive pursuit of maximum compensation: We won’t let insurance companies downplay your suffering. We know how to negotiate and, when necessary, litigate for full and fair compensation.
• Clear guidance and communication from start to finish: Filing a claim can feel overwhelming. We make the process easier by helping you understand your rights, deadlines, and what to expect next.
• Free consultations and contingency fees: You won’t pay anything upfront. We only get paid if we win your case, giving you peace of mind while we fight for the justice you deserve.

Speak With a Maine Loss of Consortium Lawyer Today

If your relationship has been forever changed because of a serious accident, we’re here to help. At Lowry Law, we advocate for the emotional and relational losses that others overlook.Reach out to us today to schedule a free consultation and take the first step toward justice for you and your loved one.