What Is Loss of Consortium?
Loss of consortium is a legal claim available to the spouse of an injured person, compensating for the loss of companionship, affection, household services, sexual relations, and emotional support caused by the other spouse’s injury. It is a non-economic damage claim that exists separately from the injured person’s own personal injury claim.
How New Mexico Recognizes Loss of Consortium
New Mexico courts have recognized loss of consortium as a valid cause of action for spouses of seriously injured plaintiffs. The claim belongs to the uninjured spouse, not to the injured person. New Mexico courts have also recognized parental consortium claims—allowing children to seek damages for loss of parental guidance, care, and companionship when a parent is seriously injured.
As with other non-economic damages, New Mexico does not cap consortium damages in standard PI cases. The amount is determined by the jury based on the evidence of how the injury disrupted the marital or parent-child relationship.
How It Affects Your Personal Injury Case
A consortium claim increases the total potential recovery in a case involving serious or permanent injury. It also adds the uninjured spouse as an additional plaintiff, which adds complexity but can meaningfully increase the leverage in settlement negotiations. Evidence includes testimony from both spouses, family members, friends, and any treating mental health providers about changes in the relationship since the injury.
Example Scenario
Roberto suffers a traumatic brain injury in a truck accident near Farmington. His wife Elena files a consortium claim alongside his PI case. Elena testifies about how Roberto’s personality, memory, and emotional availability changed after the injury. Friends and family corroborate the testimony. Elena’s consortium claim adds $120,000 to the total settlement alongside Roberto’s $850,000 recovery.
Frequently Asked Questions
Can children file a loss of consortium claim in New Mexico?
New Mexico courts have recognized parental consortium claims—allowing minor children to recover for the loss of a parent’s care, guidance, and companionship when a parent is seriously injured. Adult children face a higher bar. An attorney familiar with current New Mexico case law should assess whether this claim is viable in a specific situation.
Does the injured spouse’s fault percentage reduce the consortium claim?
Yes. The consortium claim is derivative of the injured spouse’s claim. Under New Mexico’s comparative negligence rules, if the injured spouse is found 30% at fault, the consortium damages are reduced by the same 30%. The consortium claim cannot exceed the recovery percentage available to the injured spouse.
Have questions about a loss of consortium claim in New Mexico? Call El Gringo Law at (505) 207-5000 for a free case review.
