The law relating to Loss of Consortium in Ireland
Loss of Consortium is a recognised claim under Irish law that allows the spouse or civil partner of a person who has suffered a serious injury due to another party’s negligence to seek compensation for the loss of companionship, affection, support and marital relationship resulting from that injury.
The claim is governed by section 49 of the Civil Liability Act 1961 (as amended) and is separate from the injured person’s own personal injury claim.
There are generally three parties involved:
- The injured person.
- The spouse or civil partner bringing the Loss of Consortium claim.
- The defendant whose negligence caused the injury.
For example, where an individual suffers catastrophic injuries in a road traffic accident that permanently affect their mobility or intimate relationship, their spouse or civil partner may be entitled to bring a Loss of Consortium claim.
Statute of Limitations
A Loss of Consortium claim generally follows the same limitation period as the underlying personal injury claim.
In most cases, proceedings must be commenced within two years less one day from the date of knowledge of the injury.
Our team of experienced personal injury solicitors has more than 30 years of collective experience advising individuals and families affected by catastrophic injuries.
We are committed to providing practical legal guidance while treating every client with compassion and sensitivity throughout the claims process.
Claim process
1. Contact our personal injury solicitors
Our serious injury solicitors regularly advise spouses and civil partners bringing Loss of Consortium claims.
Early legal advice helps ensure that the appropriate evidence is gathered and that both claims are progressed together.
2. Application to the Injuries Resolution Board (IRB)
Most personal injury claims in Ireland, including those involving Loss of Consortium, must first be submitted to the Injuries Resolution Board (IRB) unless the claim falls within an exception, such as medical negligence.
3. Submitting information and supporting documents
Your solicitor will obtain all relevant medical reports, expert evidence and supporting documentation before submitting the application to the IRB.
4. Consent to assess the claim
Once the application is submitted, the IRB formally notifies the respondent.
The respondent has 90 days to decide whether to consent to the IRB assessing the claim.
If consent is given, the IRB proceeds with its assessment.
If consent is refused, the IRB issues an Authorisation allowing court proceedings to commence.
5. Claim assessment
Where the claim proceeds through the IRB, compensation is assessed using the available medical and expert evidence.
If both parties accept the assessment, the IRB issues an Order to Pay.
If either party rejects the assessment, court proceedings may then be commenced.
What damages may be awarded?
Depending on the circumstances, damages in a Loss of Consortium claim may include compensation for:
- Loss of companionship.
- Loss of affection and support.
- Deprivation of intimate relations.
- Loss of the injured person’s assistance with domestic services where these responsibilities have transferred to the spouse or civil partner.
- Other recognised losses arising from the impact of the injury on the marital or civil partnership relationship.
Each Loss of Consortium claim is assessed on its own facts, taking into account the severity of the underlying injury and its effect on the relationship.
Frequently Asked Questions
What is Loss of Consortium and who can claim it in Ireland?
In Ireland, Loss of Consortium is a civil law claim available to the spouse or civil partner of a person who has suffered serious injuries due to another person’s negligence.
It compensates for the loss of companionship, affection, society and support within the relationship.
The claim is brought under section 49 of the Civil Liability Act 1961 (as amended)and is separate from the injured person’s own personal injury claim, although both claims are usually brought together.
How is Loss of Consortium assessed in Irish courts?
There is no fixed formula for assessing Loss of Consortium damages.
The court considers the severity of the injured person’s condition, whether the effects are permanent or temporary, the impact on the marital or civil partnership relationship, and the extent to which companionship, affection, support and intimacy have been affected.
Medical evidence regarding the primary injury is central to the assessment.
Is Loss of Consortium the same as a claim for nervous shock?
No. Loss of Consortium and nervous shock are distinct legal claims.
Loss of Consortium compensates for the effect that another person’s injuries have on the marital or civil partnership relationship.
A nervous shock claim requires the claimant to have suffered a recognised psychiatric injury and has separate legal requirements.
Can cohabiting partners bring a Loss of Consortium claim in Ireland?
The legal position for cohabiting couples is less certain.
The Civil Liability Act 1961 expressly provides for claims by spouses, while the Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 provides certain rights for qualifying cohabitants.
Whether a cohabiting partner may successfully bring a Loss of Consortium claim depends on the specific circumstances and current Irish law.
Legal advice should be sought before commencing proceedings.
Do I need to make a Loss of Consortium claim separately from the main injury claim?
Although Loss of Consortium is a separate cause of action, it is almost always brought together with the injured person’s personal injury claim within the same legal proceedings.
The spouse or civil partner bringing the consortium claim will usually be named as a separate plaintiff.
Your solicitor will advise on the most appropriate way to structure both claims.
