This page is about what loss of service settlements are worth.
Loss of service damages, also known as loss of consortium damages, refer to compensation awarded in personal injury cases to the spouse or family member of the injured person for the loss of love, companionship, support, and services resulting from the injury. These damages are meant to compensate the non-injured spouse or family member for the adverse impact the injury has on their relationship with the injured person.
Loss of service damages can include various aspects, such as:
- Loss of affection and companionship: This refers to the emotional support, love, and companionship that the injured person can no longer provide to the spouse or family member due to the injury.
- Loss of sexual relations: If the injury negatively affects the couple’s ability to engage in a sexual relationship, damages may be awarded to compensate for this loss.
- Loss of financial support: If the injured person can no longer provide financial support to the spouse or family member due to the injury, damages may be awarded to compensate for the loss of income or earning capacity.
- Loss of household services: This refers to the assistance the injured person can no longer provide in managing and maintaining the household, such as childcare, housekeeping, and other daily tasks.
Statistics for Loss of Services Damages
Jury Verdict Research put out a study based on verdicts rendered from February 1998 through February 2010 for loss of services damages in non-wrongful death cases. The overall median compensatory award for loss of services in non-death cases was $25,000. The average, however, was $234,764.
Clearly, and this is interesting, juries are more receptive to these claims when the accident victim is a married woman. The median award was $40,000 for wives and the average was $365,510.
Verdicts and Settlements Involving Loss of Services
$72,000 – Verdict (2023 Pennsylvania): The plaintiff claimed to suffer permanent injuries including lumbar spinal fractures at L1 and L2, cervical spine injuries and hip trauma when the vehicle she was driving northbound was struck head-on by a southbound vehicle operated by the defendant. The $72k verdict included an award of $2,000 to her husband for his loss of consortium claim.
$643,909 – Verdict (2022 Florida): Despite being aware of the plaintiff’s recent shoulder surgery, staff at defendant radiology practice attempted to manipulate his arms above his head for a CT scan, causing him to sustain a full thickness tear to the subscapularis tendon. The plaintiff and his wife sued for malpractice. The verdict included $50,000 for past loss of services and $50,000 for future loss of services awarded to the wife.
$587,562 – Verdict (2021 Washington): The plaintiff, a 40-year-old male construction worker, was struck by a U.S Postal truck and ejected from his motorcycle. He suffered hand injuries requiring amputation of his middle finger and multiple surgeries. He also suffered various injuries to his back, neck and knee. The jury award included $30,000 to the plaintiff’s wife on her loss of services claim.
$1,002,411 – Verdict (2020 Arkansas): An 84-year-old woman tripped on a marble threshold in a grocery store. She suffered knee and humerus fractures. The woman underwent surgery to her fractured knee. She alleged that the grocery store’s failure to maintain safe premises caused her injuries. The jury awarded a $1,002,411 verdict. This comprised $802,411 in pain and suffering and $200,000 in her husband’s loss of services claim.
$2,840,765 – Verdict (2020 Florida): A man suffered permanent spinal injuries after a taxi struck his pickup truck. He alleged that the taxi driver’s negligent driving caused his injuries. The man also made a vicarious liability claim against the taxi company. The defendants admitted liability but disputed the man’s injuries’ nature and extent. A jury awarded $2,840,765. This included $250,000 in his wife’s loss of services claim.
$2,107,966 – Verdict (2020 New York): A man alleged that the orthopedic surgeon’s mismanaging of his cervical spine surgery caused his spinal stenosis, shoulder atrophy biceps atrophy, and mobility loss. He claimed he needed additional spinal surgery. The man alleged the orthopedic surgeon’s failure to follow accepted medical practices caused his permanent injuries. A jury awarded a $2,107,966 verdict. This included $125,000 in his wife’s loss of services claim.
$500,000 – Bench Verdict (2020 Texas): A motorcyclist died after a pickup truck entered his travel path and struck him. The man’s surviving relatives alleged that the pickup truck’s driver’s negligent driving caused his death. They also made a negligent entrustment claim against the pickup truck’s owner. Following a bench trial, the deceased’s wife and adult child received a $500,000 award. This only comprised their loss of services claims.
$1,200,000 – Verdict (2019 New York): A woman tripped over a sidewalk crack while outside of the office building she worked at. She suffered fractures to her left ankle, left tibia, and her right foot. The woman underwent multiple surgeries for treatment. She claimed that the building’s owners failed to keep the sidewalk in safe conditions and allowed the hazard to remain on the sidewalk. The woman alleged that their negligence caused her injuries. A jury found the defendants 70 percent negligent and the woman 30 percent negligent. They awarded a $1,200,000 verdict. This included $10,000 for her spouse’s loss of services claim.
$1,750,000 – Verdict (2019 Maryland): A 65-year-old man’s surviving family alleged that the physician’s failure to diagnose his aortic dissection caused his death. They claimed that the physician failed to order appropriate tests and improperly monitored his condition. His relatives argued that a cardiac specialist should have tested him because his medical history included anticoagulant therapy and a previous aortic valve replacement. They further argued that he would have survived had he underwent emergency heart surgery. The Baltimore City jury awarded his wife and two daughters a $1,750,000 verdict. This comprised $1,500,000 in loss of services and $250,000 in pain and suffering.
$2,582,529 – Verdict (2019 – Maryland): A 50-something woman underwent a mammogram and an ultrasound. The radiologist interpreted its results as normal. A year later, the woman was diagnosed with breast cancer after undergoing a second mammogram. She underwent a right mastectomy, chemotherapy, and radiation. Her treatments failed to treat her condition. The woman died three years later. Her surviving family alleged that the radiologist’s erroneous interpretation of her test results delayed her breast cancer diagnosis and caused it to metastasize. They argued that she would have survived if she was immediately diagnosed after her first mammogram. Her husband, her daughter, and her parents survived her. The Baltimore County jury awarded them a $2,582,529 verdict. This comprised $2,300,000 in loss of services and $282,529 in pain and suffering.
$2,045,214 – Verdict (2019 Maryland): During laminectomy the physician made a dural tear, causing cerebrospinal fluid leakage and permanent nerve damage. Following the procedure, she sustained a urinary tract infection, paraspinal hematoma, a bone infection, and disc inflammation. The woman underwent additional surgery and IV antibiotics to treat her post-surgical injuries. The plaintiff ultimately sustained heel paresthesia, Because of her injuries, the woman now used a walker for short distances and a wheelchair for longer distances. She could no longer work as a nurse. A Montgomery County jury awarded a $2,045,214 verdict. This comprised $84,149 in past medical expenses, $370,064 in future medical expenses, $586,001 in past wages, $800,000 in pain and suffering, and $205,000 in her husband’s loss of services claim.