Kentucky Revised Statutes
Ky. Rev. Stat. § 411.145 (2026)
Damages for loss of consortium
✓ current as of May 2026
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(1) As used in this section "consortium" means the right to the services, assistance, aid, society, companionship and conjugal relationship between husband and wife, or wife and husband. (2) Either a wife or husband may recover damages against a third person for loss of consortium, resulting from a negligent or wrongful act of such third person. History: Created 1970 Ky. Acts ch. 200, sec. 1.
Notes of Decisions
Cited in 25
cases (8 in the last 5 years), 1974–2025 · leading case: Martin v. Ohio Cnty. Hosp. Corp., 295 S.W.3d 104 (Ky. 2009).
Martin v. Ohio Cnty. Hosp. Corp., 295 S.W.3d 104 (Ky. 2009). “Loss of Consortium after Death The issue of whether a spouse may claim loss of consortium after the death of her spouse turns on what the silence of the legislature on that issue in KRS 411.145 means. At common law, loss of consortium was historically a one-way street.”
Floyd v. Gray, 657 S.W.2d 936 (Ky. 1983). “" KRS 411.145. An action for loss of consortium is required to be brought within one year after the injury.”
Giuliani v. Guiler, 951 S.W.2d 318 (Ky. 1997). “It is interesting to note that thereafter the Kentucky legislature codified the Kotsiris decision in KRS 411.145. In addition, recently the legislature on its own initiation recognized the loss of consortium for a parent upon the death of a child in KRS 411.”
Dep't of Educ. v. Blevins, 707 S.W.2d 782 (Ky. 1986). “We held that the spouse's claim for loss of consortium "is an independent cause of action authorized by KRS 411.145(2)," i.e., independent of the cause of action for personal injury on behalf of the injured spouse.”
Transit Auth. of River City v. Vinson, 703 S.W.2d 482 (Ky. Ct. App. 1985). “Loss of consortium is a statutory right of action in this Commonwealth, governed by KRS 411.145: DAMAGES FOR LOSS OF CONSORTIUM (1) As used in this section “consortium” means the right to the services, assistance, aid, society, companionship, and conjugal relationship between…”
Holland v. Islamic Repub. of Iran, 496 F. Supp. 2d 1 (D.D.C. 2005). “145, Kentucky allows that “[e]ither a wife or a husband may recover damages against a third person for loss of consortium, resulting from a negligent or wrongful action of such third person.”
Moore v. State Farm Mut. Ins. Co., 710 S.W.2d 225 (Ky. 1986). “In this case movant correctly complied with KRS 411.145 and KRS 413.140(a) in filing an action for loss of consortium but was unable to execute her judgment against the insured and so she proceeded against the insurance company.”
Adams v. Miller, 908 S.W.2d 112 (Ky. 1995). “KRS 411.145. Under the common law rule, a father was entitled to the services of his child, and therefore, he was entitled to recover for a loss of services or earning capacity when the child was tortiously injured.”
Bagby v. Koch, 98 S.W.3d 521 (Ky. Ct. App. 2002). “See KRS 411.145(1). 12 . See KRS 411.145(2).”
Burden v. Evansville Materials, Inc., 550 F. Supp. 41 (W.D. Ky. 1982). “KRS 411.145, 413.140. Defendant contended that Kentucky’s statute of limitations was applicable because there is no federal statutory cause of action for loss of society in maritime cases, and thus no federal statute of limitations.”
Gailor v. Armstrong, 187 F. Supp. 2d 729 (W.D. Ky. 2001). “§ 411.145. The Court will enter an order consistent with this Memorandum Opinion.”
City of Danville v. Goode, 122 S.W.3d 591 (Ky. Ct. App. 2003). “However, the Kentucky Supreme Court stated as follows in the Blevins case: KRS 411.145(2) which sets out the right of a spouse to recover damages for loss of consortium, is similar in wording to KRS 411.”
— Ky. Rev. Stat. § 411.145(1) — 5 cases
Martin v. Ohio Cnty. Hosp. Corp., 295 S.W.3d 104 (Ky. 2009). “Loss of Consortium after Death The issue of whether a spouse may claim loss of consortium after the death of her spouse turns on what the silence of the legislature on that issue in KRS 411.145 means. At common law, loss of consortium was historically a one-way street.”
Bagby v. Koch, 98 S.W.3d 521 (Ky. Ct. App. 2002). “See KRS 411.145(1). 12 . See KRS 411.145(2).”
Walden v. Pryor (W.D. Ky. 2019).
Terry v. Ethicon, Inc. (W.D. Ky. 2022).
The Est. of Jeremy Marr v. City of Glasgow (W.D. Ky. 2022).
— Ky. Rev. Stat. § 411.145(2) — 9 cases
Dep't of Educ. v. Blevins, 707 S.W.2d 782 (Ky. 1986). “We held that the spouse's claim for loss of consortium "is an independent cause of action authorized by KRS 411.145(2)," i.e., independent of the cause of action for personal injury on behalf of the injured spouse.”
Floyd v. Gray, 657 S.W.2d 936 (Ky. 1983). “" KRS 411.145. An action for loss of consortium is required to be brought within one year after the injury.”
Holland v. Islamic Repub. of Iran, 496 F. Supp. 2d 1 (D.D.C. 2005). “145, Kentucky allows that “[e]ither a wife or a husband may recover damages against a third person for loss of consortium, resulting from a negligent or wrongful action of such third person.”
Bagby v. Koch, 98 S.W.3d 521 (Ky. Ct. App. 2002). “See KRS 411.145(1). 12 . See KRS 411.145(2).”
City of Danville v. Goode, 122 S.W.3d 591 (Ky. Ct. App. 2003). “However, the Kentucky Supreme Court stated as follows in the Blevins case: KRS 411.145(2) which sets out the right of a spouse to recover damages for loss of consortium, is similar in wording to KRS 411.”
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