When someone suffers a life-changing injury due to the negligence of another, the consequences ripple far beyond the individual harmed. Spouses often experience emotional distress, loss of companionship, and the burden of additional responsibilities.
These consequences are recognized under Virginia law as loss of consortium—a type of non-economic damage that impacts the injured person’s closest relationships. At The Johnson Injury Firm, we understand that the actual cost of an injury extends beyond physical pain and financial hardship. It is also the emotional and relational impact that families must endure.
Loss of consortium in Virginia includes the loss of love, affection, comfort, society, and even the physical aspects of a relationship. It is a deeply personal form of harm, and yet one that can—and should—be addressed through a legal claim. When handled with skill and compassion, a loss of consortium claim in Richmond can provide families with recognition, accountability, and the resources they need to move forward.
How We Help
Our attorneys bring decades of combined experience to each personal injury and wrongful death case. Connor Johnson, the firm’s founder, has earned a reputation as a trusted Richmond personal injury lawyer who stands by families in their most difficult moments. Alongside him, J. Penn Crawford contributes a strong trial background and a detailed understanding of Virginia’s personal injury laws.
Together, they have helped clients recover millions in compensation, including damages for loss of companionship, loss of services and affection, and other relational harms.
This client-centered approach is reflected in the words of those we have helped:
“Connor Johnson and his team treated me and my husband with dignity and compassion. They understood what our family was going through and fought for every piece of justice we deserved.”
— Former client, Richmond, VA
At The Johnson Injury Firm, we are dedicated to representing families with care, integrity, and exceptional legal expertise. If your spouse has been seriously injured—or if you have lost the vital support of your relationship—our firm stands ready to help you understand your rights and pursue fair compensation. We combine legal knowledge with genuine compassion because we believe every client deserves both.
What Is Loss of Consortium in Virginia Law?
Loss of consortium is a legal term that refers to the deprivation of the benefits of a family relationship due to injuries caused by a third party’s negligence. In Virginia, this claim is most commonly brought by a spouse of an injured person but can, under specific circumstances, be part of a wrongful death action involving children or parents.
Under Virginia law, specifically within the framework of personal injury and tort claims, loss of consortium is recognized as a non-economic damage—meaning it does not involve direct financial loss, but rather emotional and relational harm.
Defining Loss of Consortium in Legal Terms
Virginia courts define loss of consortium as encompassing several key components:
- Loss of companionship and affection: The emotional support, love, and closeness typically shared between spouses.
- Loss of services: Household responsibilities, caretaking, and contributions to family life that are now impacted or lost.
- Loss of sexual relationship: Physical intimacy is considered part of a marital relationship and may be factored into a claim.
- Psychological and emotional support: The mental toll on a spouse who no longer receives emotional partnership from their injured loved one.
Loss of consortium claims do not stand alone in Virginia. They must be attached to a primary personal injury or wrongful death claim. The injured spouse must have a valid legal claim before their partner can seek consortium damages.
Virginia’s Legal Position on Consortium Damages
The Commonwealth of Virginia recognizes the legitimacy of these claims when they are part of a larger lawsuit. The courts acknowledge that the damage suffered by a spouse can be significant, even if it does not appear in a medical report or bill.
“Non-economic damages like loss of consortium are no less real than medical expenses. They represent the hidden injuries—those that affect marriages, families, and emotional health,” explains Attorney J. Penn Crawford, who has represented numerous spouses and families affected by traumatic injuries.
When Can a Loss of Consortium Claim Be Filed?
In Virginia, a loss of consortium claim may be included in the following types of cases:
- Personal injury lawsuits resulting from car accidents, truck accidents, or other negligent actions
- Medical malpractice claims where one spouse is permanently impaired
- Wrongful death cases where the surviving spouse seeks compensation for the loss of their partner
- Catastrophic injury cases, such as spinal cord injuries or traumatic brain injuries, that alter the nature of a relationship permanently
At The Johnson Injury Firm, our attorneys work closely with spouses to ensure their voices are heard and their losses are fully considered during the legal process. These are not simply emotional arguments—they are legally valid claims supported by Virginia’s tort law framework and upheld by numerous court decisions across the state.
What Types of Damages Can Be Recovered in a Loss of Consortium Claim?
While financial losses like medical bills and lost wages are easier to quantify, the emotional and relational harm caused by a serious injury can be just as devastating. In Virginia, spouses who file a loss of consortium claim in Richmond may be entitled to recover a range of non-economic damages. These damages reflect the real-life impact of an injury on a relationship and home life.
Key Categories of Recoverable Damages
At The Johnson Injury Firm, we help clients pursue compensation for the following:
- Loss of Love and Affection: The emotional connection between spouses often suffers after a serious injury. This includes expressions of care, shared routines, and mutual support that may no longer exist or are significantly changed.
- Loss of Companionship and Society: Injuries can cause isolation, emotional withdrawal, or inability to participate in shared activities. This can lead to a profound sense of loneliness and disconnection.
- Loss of Intimacy or Sexual Relations: Physical trauma, medication, or emotional distress may make intimacy impossible. This aspect of consortium is often difficult to talk about but is a valid and recognized harm under Virginia law.
- Loss of Household Services: Injured spouses may no longer be able to cook, clean, care for children, maintain the home, or contribute to daily family operations. The loss of this support creates measurable strain on the non-injured spouse.
- Mental and Emotional Suffering: Caring for a severely injured spouse or witnessing their suffering over time often causes long-term emotional distress, anxiety, and depression.
Real-Life Impact: A Richmond Family’s Experience
“After my husband’s spinal cord injury, everything changed. I became the only caregiver, parent, and provider. The legal team at The Johnson Injury Firm understood exactly what we were going through. They fought to make sure our suffering was not ignored.”
— Client testimonial, Richmond, VA
The attorneys at The Johnson Injury Firm recognize that every relationship is unique. We listen to the specific challenges our clients face and gather compelling documentation to show how an injury has disrupted the emotional, physical, and practical aspects of their lives.
The Role of Non-Economic Damages in Your Case
A formula or spreadsheet does not easily calculate these damages. Instead, they require thoughtful legal representation and compelling evidence to demonstrate their severity and legitimacy. Our firm brings the trial experience, medical expertise, and strategic clarity necessary to present these losses convincingly in both negotiations and the courtroom.
If you believe you may have a loss of companionship claim in Richmond, our legal team will evaluate your case with compassion and legal precision, ensuring that no part of your loss goes unrecognized.
Who Can File a Loss of Consortium Claim in Virginia?
In Virginia, loss of consortium claims are legally limited to specific individuals based on their relationship to the injured party. Understanding who qualifies is essential before pursuing this type of non-economic damage. At The Johnson Injury Firm, we ensure that every client understands their rights and eligibility under Virginia personal injury law.
Primary Eligibility: Legal Spouses
Virginia law allows only legally married spouses to file a standalone claim for loss of consortium in conjunction with their injured partner’s personal injury case. This includes:
- Opposite-sex spouses
- Same-sex spouses legally married under Virginia or federal law
- Spouses of injury victims in both personal injury and wrongful death claims
Because consortium claims are based on the marital relationship, unmarried partners, cohabitants, or fiancés are not eligible to bring these claims, even if the relationship is long-standing or emotionally significant.
Consortium Claims in Wrongful Death Cases
In wrongful death claims under Virginia Code § 8.01-52, spouses can include loss of consortium-type damages as part of their overall claim for non-economic harm. These may include:
- Sorrow and mental anguish
- Loss of companionship, comfort, and guidance
- Loss of income and protection the deceased would have provided
In certain wrongful death cases, minor children and parents of the deceased may be eligible to recover similar non-economic damages, but these are not formally classified as “loss of consortium.” Instead, they fall under a broader category of emotional and relational losses.
Limitations for Other Family Members
Virginia courts have consistently denied loss of consortium claims filed by:
- Children of an injured parent
- Parents of an injured child
- Siblings, grandparents, or extended family members
Though these individuals may suffer deeply, the law restricts recovery for consortium-type damages to spouses only—except in wrongful death situations, where broader familial damages may apply.
Legal Guidance You Can Trust
The Johnson Injury Firm has handled numerous cases involving loss of consortium in Richmond. Attorneys Connor Johnson and J. Penn Crawford take the time to explain complex eligibility rules and help clients navigate Virginia’s legal system with clarity and confidence. With their guidance, clients know whether they can file a claim and what damages they can pursue.
If your relationship has been permanently altered because of a serious injury or fatal accident, our firm will help determine whether you qualify to file a loss of consortium claim in Virginia—and ensure your voice is heard throughout the legal process.
Proving a Loss of Consortium Claim
Unlike medical bills or lost wages, loss of consortium damages are not easily quantifiable. They are deeply personal, emotional, and subjective. This makes it critical to present clear, credible, and compelling evidence to support the claim. At The Johnson Injury Firm, we build strong, well-documented cases that reflect the true impact a serious injury has on a marriage or family life.
What Evidence Supports a Loss of Consortium Claim?
To succeed in a loss of consortium claim in Richmond, the non-injured spouse must demonstrate how the injury has changed their relationship in a substantial and ongoing way. Common types of evidence include:
- Medical documentation: Evidence of the injured spouse’s condition, limitations, and long-term prognosis.
- Therapist or counselor notes: Mental health records showing emotional distress, relationship strain, or the need for support due to the injury.
- Personal testimony: First-hand accounts from the non-injured spouse detailing the emotional, physical, and practical losses suffered.
- Marriage history and records: Evidence of the stability and strength of the relationship before the injury, including length of marriage, family activities, or mutual responsibilities.
- Witness statements: Testimony from friends, family, or professionals who can speak to the change in dynamic between spouses.
- Expert witnesses: Testimony from psychologists, marriage counselors, or medical professionals may be used to explain how injuries typically affect intimate relationships and daily functioning.
Loss of consortium claims require more than emotional appeals—they demand strategic legal framing and presentation. That is where The Johnson Injury Firm excels.
- Connor Johnson brings a thoughtful and empathetic approach to these sensitive cases. His understanding of non-economic damages and Virginia’s case law allows him to guide clients through even the most complex claims.
- J. Penn Crawford, renowned for his litigation skills and courtroom clarity, is adept at presenting evidence that makes intangible losses tangible to judges, juries, and insurance companies.
Their combined experience ensures that your story is told in a way that resonates, both factually and emotionally.
Client Story: From Isolation to Justice
“My wife could no longer talk to me the way she used to. The injury changed her personality, her presence. I felt like I lost my best friend. The Johnson Injury Firm understood what that meant. They fought for that loss, even when the insurance company tried to minimize it.”
— Former client, Henrico County, VA
Why Strong Documentation Matters
Insurance companies are quick to challenge loss of consortium claims. They may argue that:
- The marriage was already strained
- The injured spouse’s condition is not severe enough
- The damages are exaggerated or unsupported
That is why our firm gathers comprehensive documentation, including expert assessments and detailed narratives, to protect the validity of your claim. We ensure every detail is substantiated, every testimony is credible, and the strongest possible evidence supports every form of damage.
At The Johnson Injury Firm, we understand that your emotional suffering is real, and we fight to ensure it is fully recognized.
Common Challenges in Loss of Consortium Cases
Pursuing a loss of consortium claim in Virginia comes with specific legal and evidentiary challenges. These claims often involve highly personal details, and because they seek compensation for emotional and relational harm, they are frequently undervalued or outright dismissed by insurance companies and opposing counsel.
At The Johnson Injury Firm, we prepare clients for these challenges and aggressively advocate to ensure their stories are heard and their losses acknowledged.
Top Obstacles in Loss of Consortium Claims
Here are the most common hurdles spouses face when seeking damages for loss of consortium in Richmond:
- Skepticism from Insurance Companies: Insurers are often reluctant to assign monetary value to non-economic losses, such as emotional damages. They may downplay the impact of the injury on the marital relationship or claim the emotional toll is minimal.
- Difficulty Quantifying Emotional Harm: Losses like affection, companionship, or intimacy do not come with receipts. This makes them harder to quantify compared to medical bills or lost income. The burden falls on the claimant to clearly show the extent of harm through credible testimony and documentation.
- Invasive Discovery Process: Because the claim is rooted in the marital relationship, opposing counsel may attempt to delve into private areas of a couple’s life, including counseling records or past matrimonial difficulties. This can be emotionally taxing for claimants.
- Arguments About Pre-Existing Issues: Defendants often argue that the relationship was already strained before the injury occurred. If there is evidence of prior marital discord, it could weaken the consortium claim unless effectively countered.
- Strict Legal Requirements in Virginia: Virginia law does not allow standalone consortium claims. They must be brought as part of a larger personal injury or wrongful death case. Failure to meet procedural requirements can result in the claim being dismissed.
How The Johnson Injury Firm Overcomes These Challenges
At The Johnson Injury Firm, we address these issues head-on by:
- Conducting early and thorough evidence gathering to document the relationship before and after the injury.
- Preparing spouses for potential depositions or cross-examinations related to sensitive emotional topics.
- Using expert witnesses to validate the impact of the injury on the relationship.
- Highlighting client credibility and sincerity through authentic personal testimony and clear narrative development.
Our attorneys, Connor Johnson and J. Penn Crawford, have decades of combined experience in handling high-stakes personal injury and wrongful death cases. Their legal insight and meticulous preparation help overcome common defense tactics and present a compelling case for every client.
When your relationship has suffered due to another party’s negligence, do not let the complexity of the law keep you from seeking justice. With the right legal team, your story will be heard, and your losses will be respected.
How Our Richmond Personal Injury Lawyers Can Help
A loss of consortium claim is a personal matter. It reflects the ways an injury has changed the dynamics of a relationship—emotionally, physically, and practically. At The Johnson Injury Firm, we understand these claims require more than just legal knowledge—they need compassion, discretion, and a strategic approach built on trust and proven results. That is what we deliver.
Why Choose The Johnson Injury Firm
Our firm has built its reputation on personalized service and trusted legal guidance. Whether handling complex personal injury litigation or wrongful death claims involving loss of consortium, we bring both legal strength and human understanding to every case.
Here is how we help our clients navigate these emotionally complex claims:
- We listen carefully. We take the time to understand the real impact your spouse’s injury has had on your daily life and emotional well-being.
- We build strong, fact-based claims. Our team works closely with doctors, psychologists, and other experts to gather documentation that supports your claim and makes it legally persuasive.
- We protect your privacy. We understand the sensitive nature of consortium claims. We manage the legal process with discretion and care to preserve your dignity while pursuing the compensation you deserve.
- We are not afraid to go to trial. If the insurance company refuses to recognize your loss, we are prepared to present a compelling case in court.
Trusted Advocates with a Proven Record
Connor Johnson, founder of The Johnson Injury Firm, is recognized for his unwavering commitment to supporting accident victims and their families. With a strong background in Virginia civil litigation, he has successfully recovered millions of dollars in damages for clients whose lives have been forever altered.
- Penn Crawford, a respected Richmond personal injury attorney with decades of courtroom experience, is known for his clear communication, thorough case preparation, and ability to present emotionally sensitive claims to juries with dignity and power.
Together, Johnson and Crawford provide legal advocacy that is both assertive and empathetic, always grounded in the client’s needs and the demands of Virginia law.
What to Expect When You Work With Us
From your first consultation to the final resolution of your case, we will:
- Conduct a detailed evaluation of your claim
- Identify all possible avenues of compensation, including loss of services and affection claims
- Gather supporting documentation from experts, witnesses, and medical professionals.
- File all paperwork within Virginia’s legal deadlines
- Represent your interests in settlement negotiations or court proceedings
If your relationship has suffered due to a catastrophic injury or fatal accident, The Johnson Injury Firm is ready to help you pursue a full and fair recovery. We do not just represent injury victims—we represent their families, their pain, and their right to a complete life.
Loss of Consortium in Wrongful Death Cases
In Virginia, when a loved one is fatally injured due to another party’s negligence, surviving spouses may pursue loss of consortium damages as part of a wrongful death claim. Although Virginia law does not use the term “loss of consortium” explicitly in its wrongful death statute, the emotional and relational losses typically associated with consortium are recoverable under specific categories of non-economic damages.
At The Johnson Injury Firm, we help families understand and assert their full rights after a devastating loss, including claims for emotional harm, lost companionship, and the disruption of marital and parental roles.
What the Law Allows: Emotional and Relational Losses
According to Virginia Code § 8.01-52, damages in a wrongful death action may include:
- Sorrow, mental anguish, and solace: This encompasses the emotional suffering experienced by the surviving spouse, including the loss of companionship, comfort, guidance, and support.
- Loss of income and services: Surviving spouses may also recover damages for the financial and household contributions the deceased would have made.
- Loss of protection and assistance: The support, care, and aid a spouse provided—whether in daily life, decision-making, or long-term planning—can be factored into the damages.
Who Can Claim These Damages in Virginia Wrongful Death Cases?
Virginia allows several individuals to recover emotional and relational losses in wrongful death actions, including:
- Surviving spouses: The primary claimant for consortium-type damages.
- Children of the deceased: May recover for the loss of parental guidance and emotional support.
- Parents of a deceased child: In some instances, especially if the child was a minor or financially dependent on the parent.
How These Claims Differ From Personal Injury Consortium Claims
- In a personal injury case, loss of consortium is claimed by the spouse of a living (but seriously injured) individual.
- In a wrongful death case, consortium-related damages are part of the broader emotional and familial loss caused by the death.
Both require a detailed showing of how the relationship has been altered or ended. Still, wrongful death cases add layers of financial dependency and permanent absence, which often elevate the stakes and the potential compensation.
Building a Strong Wrongful Death Claim With Consortium Damages
At The Johnson Injury Firm, attorneys Connor Johnson and J. Penn Crawford work closely with grieving families to:
- Collect documentation of the deceased’s role in the household and marriage
- Develop a comprehensive narrative of loss from both emotional and practical perspectives.
- Collaborate with mental health professionals and financial experts to quantify damages.
- Navigate complex insurance negotiations and court procedures on behalf of the surviving family.
Whether you are dealing with the aftermath of a devastating injury or the sudden loss of a loved one, our legal team is ready to stand by your side. Loss of consortium may be challenging to quantify, but it is a very real concept, and we ensure it is fully recognized under the law.
Statute of Limitations and Timelines in Virginia
Filing a loss of consortium claim—or including it as part of a larger personal injury or wrongful death action—requires strict adherence to Virginia’s statute of limitations. Missing a legal deadline can prevent you from recovering any compensation, no matter how legitimate or severe your loss may be. At The Johnson Injury Firm, we make sure every case is filed on time, preserving your right to seek justice.
Time Limits for Personal Injury and Loss of Consortium Claims
In Virginia, the statute of limitations for personal injury claims is:
- Two years from the date of the injury (Virginia Code § 8.01-243)
Because a loss of consortium claim in Richmond must be attached to a personal injury claim, the same two-year timeline applies. This means that if your spouse was injured in a car accident or another act of negligence, you must file the entire case—including any claim for loss of consortium—within that two-year window.
Time Limits for Wrongful Death Claims
In wrongful death cases, the statute of limitations is also:
- Two years from the date of death (Virginia Code § 8.01-244)
Any consortium-type damages sought as part of a wrongful death lawsuit must be included within this timeframe.
Why Timeliness Is Critical
Failing to act quickly can result in:
- Loss of legal standing to bring your claim
- Evidence deterioration, including medical records, witness memories, and expert testimony
- Reduced leverage in settlement negotiations
Insurance companies often delay responses to wear claimants down or let deadlines pass. Our attorneys ensure that every case is filed proactively and backed by thorough documentation.
Do not wait until it is too late. If your spouse has been injured—or you have lost them due to negligence—you only have a limited time to seek the compensation your family deserves. Let The Johnson Injury Firm take immediate action to protect your claim and your future.
Get the Support You Deserve After a Life-Altering Injury
Loss of consortium is not just a legal term—it is a real, painful experience that can disrupt the foundation of a marriage or family. Whether your spouse has suffered a permanent injury or you have lost them in a wrongful death accident, you deserve to have every part of your loss acknowledged and pursued through the legal system. In Virginia, this includes the right to recover damages for emotional, relational, and functional harm.
At The Johnson Injury Firm, we do more than file claims—we advocate for the full picture of your suffering. Our attorneys, Connor Johnson and J. Penn Crawford, have represented countless families in Richmond and throughout Virginia with honesty, skill, and compassion. We understand the legal intricacies of loss of consortium in Virginia, and we know how to present these complex, sensitive cases with clarity and strength.
We believe that when someone else’s negligence forever changes your marriage or family life, the law should reflect the totality of your loss. Our team works tirelessly to ensure that you are not only heard, but made whole.
If you believe you may have a loss of consortium claim in Richmond, we invite you to contact us for a free consultation. Let us help you explore your legal options and begin the process of recovery with a team that genuinely cares about your family’s future.
Call The Johnson Injury Firm today or fill out our secure online form to speak with a Richmond personal injury lawyer who will fight for everything you and your loved ones have lost.
