Losing a family member due to someone else’s negligence is a devastating experience, and the legal aftermath can feel just as worrisome. Beyond the immediate grief, surviving family members may not realize they have the right to pursue compensation not just for financial losses, but for the profound personal losses that come with losing a spouse or parent, including the loss of companionship, support, and the bond that can never be replaced.
At Rubin, Glickman, Steinberg & Gifford P.C., we work with families in Montgomery County, Bucks County, and throughout southeastern Pennsylvania who are navigating the complexities of wrongful death claims. One component of these claims that is often misunderstood is loss of consortium, and it can represent a meaningful portion of the compensation available to your family.
What Is Loss of Consortium?
Loss of consortium refers to the deprivation of the benefits of a family relationship due to injuries caused by a negligent party. In the context of wrongful death, it encompasses the surviving family member’s loss of a spouse’s or parent’s companionship, emotional support, guidance, and the intangible aspects of daily family life that no longer exist because of the death.
In Pennsylvania, loss of consortium claims are governed by the Pennsylvania Wrongful Death Act, 42 Pa.C.S. § 8301, which allows surviving spouses, children, and parents of the deceased to recover damages for both economic and non-economic losses. Loss of consortium falls squarely in the non-economic category, making it a highly personal form of damages that requires careful documentation and strong legal advocacy.
Who Can File a Loss of Consortium Claim?
Pennsylvania law is specific about who may assert a loss-of-consortium claim as part of a wrongful death action. The following individuals may be eligible:
- Surviving spouses: They may recover for the loss of companionship, affection, and the marital relationship.
- Minor children: They may recover for the loss of parental guidance, nurturing, and support.
- Parents of a deceased minor: They may recover for the loss of their child’s society and comfort.
It is important to note that these claims must be brought as part of the broader wrongful death action, not as standalone lawsuits. An attorney can help you determine what damages may apply to your specific circumstances.
How Loss of Consortium Damages Are Calculated
Unlike economic damages such as lost wages or medical bills, loss-of-consortium damages are inherently subjective. There is no fixed formula, and courts and juries must rely on the facts presented to assign a value. Factors that may influence the award include the length and closeness of the relationship, the age of the surviving family members, the extent to which daily life has been disrupted, and evidence of the role the deceased played in the household.
Because of this subjectivity, it is critical to build a compelling, detailed record. This can include testimony from family members, friends, therapists, or medical professionals who can speak to the nature of the relationship and the impact of the loss. Our wrongful death attorneys understand how to gather and present this kind of evidence effectively.
Survival Actions vs. Wrongful Death Actions in Pennsylvania
Pennsylvania allows two separate types of legal actions when someone is killed due to another party’s negligence: a wrongful death action and a survival action. These are distinct claims that serve different purposes.
What Each Action Covers
A wrongful death action compensates the surviving family members for their own losses, including loss of consortium, financial contributions the deceased would have made, and funeral expenses. A survival action, by contrast, is brought on behalf of the deceased’s estate and seeks compensation for what the decedent suffered before death, such as pain and suffering, medical expenses, and lost earning capacity up until the time of death.
Loss-of-consortium damages are claimed in a wrongful death action. This distinction matters because both actions can and often should be pursued simultaneously to maximize recovery for the family. If you are dealing with a premises liability wrongful death situation or a motor vehicle accident, both avenues may be available to you.
Statute of Limitations for Loss of Consortium Claims
In Pennsylvania, families generally have two years from the date of death to file a wrongful death action. Missing this deadline can bar the claim entirely, regardless of how strong the evidence may be. This makes it essential to consult with an attorney as early as possible after a loss so that time-sensitive evidence can be preserved, witnesses can be interviewed, and all available claims can be properly filed.
Our team understands the urgency of acting quickly, even in the midst of grief. Reviewing our frequently asked questions about wrongful death claims in Pennsylvania is a good starting point, but nothing replaces direct guidance from an attorney who knows the specific facts of your situation.
Frequently Asked Questions
Who can file a loss of consortium claim in a Pennsylvania wrongful death case?
Surviving spouses, minor children, and parents of a deceased minor may be eligible to recover loss of consortium damages as part of a wrongful death action.
How are loss of consortium damages calculated?
There’s no fixed formula. Courts and juries weigh factors like the closeness and length of the relationship, the ages of surviving family members, and how daily life has been disrupted.
What’s the difference between a wrongful death action and a survival action?
A wrongful death action compensates surviving family members for their own losses, including loss of consortium, while a survival action is brought on behalf of the deceased’s estate for what they suffered before death.
How long do I have to file a wrongful death claim in Pennsylvania?
Families generally have two years from the date of death to file, and missing this deadline can bar the claim entirely regardless of how strong the evidence is.
Why do I need an attorney for a loss of consortium claim?
Because these damages are inherently subjective, an attorney can help build a compelling, well-documented record—through testimony and other evidence—to support the full value of your claim.
Contact Rubin, Glickman, Steinberg & Gifford P.C. to Discuss Your Wrongful Death Claim
Rubin, Glickman, Steinberg & Gifford P.C. has been serving families across southeastern Pennsylvania since 1952 and has earned recognition as a “Best Law Firm” by U.S. News & World Report every year since 2010, including a Tier 1 ranking. Our attorneys hold AV ratings from Martindale-Hubbell, and multiple members of our team have been named Pennsylvania Super Lawyers, reflecting the highest standards of legal ability and ethical practice. We approach every wrongful death case with the resources of a large firm and the personal attention your family deserves.
We handle these cases on a contingency basis, meaning there are no upfront fees and you pay nothing unless we recover compensation on your behalf. If you have lost a family member due to negligence, we are ready to review your case and help you pursue every form of compensation available to your family, including loss of consortium damages. Contact our office to schedule a free initial consultation.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
August 25, 2026
