When someone is seriously injured due to another’s negligence, the impact often extends beyond the individual — affecting spouses, partners, and families in profound ways. One of the lesser-known types of damages available in Texas personal injury law is loss of consortium.
This claim recognizes that a severe injury can damage intimate relationships, emotional support, and shared experiences. If your spouse has been hurt in a serious accident, or if you’ve been injured and your relationship has suffered, here’s what you should know about loss of consortium claims in Texas.
What Is Loss of Consortium?
Loss of consortium refers to the deprivation of the benefits of a family relationship due to injuries caused by someone else’s negligence. This typically includes:
- Loss of companionship
- Loss of affection
- Emotional support
- Intimacy and sexual relations
- Loss of household services or caregiving
- Strain on the relationship caused by the injury
The claim is brought by the uninjured spouse or family member, not the injured person themselves.
Who Can File a Loss of Consortium Claim in Texas?
In Texas, a spouse may bring a loss of consortium claim when their partner is injured due to someone else’s negligence. The state also allows parents to bring claims in certain situations where a child has been severely injured — and vice versa, in limited circumstances.
However, Texas does not generally allow loss of consortium claims from unmarried partners, fiancés, siblings, or friends, even if the relationship is close. The law is focused on the disruption of legally recognized family relationships.
When Is Loss of Consortium Appropriate?
Loss of consortium is typically claimed in serious personal injury or wrongful death cases, such as:
- Catastrophic auto or motorcycle accidents
- 18-wheeler and commercial truck crashes
- Workplace accidents caused by third-party negligence
- Medical malpractice resulting in permanent impairment
- Wrongful death cases
Minor injuries or short-term recoveries generally do not support a loss of consortium claim. The injury must significantly impair the injured person’s ability to provide love, support, or care to their spouse or family.
How Is Loss of Consortium Proven?
These claims are inherently personal and emotional. Evidence may include:
- Testimony from the uninjured spouse
- Statements from close friends or family
- Medical records and expert opinions about the severity of the injury
- Documentation of relationship changes, counseling, or strain on the marriage
- Photos, messages, or records showing changes in activity or closeness
There is no fixed dollar value for consortium damages — juries or insurers evaluate the facts and assign compensation based on the relationship and the impact.
Can Loss of Consortium Be Included in a Personal Injury Lawsuit?
Yes. In Texas, loss of consortium is typically included as part of the overall personal injury lawsuit, either in settlement negotiations or in court. It is categorized as a non-economic damage, meaning it does not have a set financial value and must be supported by testimony and evidence.
Loss of consortium claims do not affect the injured person’s ability to recover their own damages — they are treated as separate but related claims.
Spagnoletti Law Firm Represents Families Affected by Serious Injury
When an injury affects your entire family, the law provides tools to seek justice and fair compensation — not just for medical bills and lost wages, but for the very real emotional losses that follow. If your relationship or family life has changed because of an accident, you deserve to be heard.
Spagnoletti Law Firm helps individuals and families throughout Texas pursue full and fair compensation in personal injury and wrongful death cases. We can explain whether a loss of consortium claim is appropriate in your situation and guide you through the process.
📞 Call 713-804-9306 today for a free consultation with a Texas personal injury attorney. You pay no fees unless we recover compensation.