When a person is seriously injured in an accident, the impact often extends well beyond the individual. Spouses and close family members may experience profound emotional, physical, and financial hardships as a result.
In Texas, these indirect but significant losses may be addressed through a legal action known as a loss of consortium claim. This article explores what loss of consortium entails, who is eligible to file, how these claims are supported in court, and the types of compensation that may be awarded.
What Is Loss of Consortium?
Loss of consortium is a legal term that refers to the loss of companionship, support, affection, and intimacy that a loved one suffers when someone close to them is seriously injured or killed. It recognizes that personal injuries don’t just hurt the victim—they can damage the entire family relationship.
Imagine a husband is badly injured in a car accident and can no longer show affection, help with daily chores, or enjoy time with his spouse the way he used to. The spouse’s life changes too, and that emotional and practical loss is what loss of consortium is about.
Texas Law and Loss of Consortium
Texas recognizes loss of consortium as a valid claim in certain situations, but it’s considered a separate part of a personal injury lawsuit. It’s meant to help the spouse or close family member get compensated for the ways the injury has affected their relationship. Loss of consortium is about the emotional and relational harm suffered by loved ones due to a victim’s injury or death.
Spouses
In Texas, spouses are the most common people to file a loss of consortium claim. Marriage creates a legal bond that includes the right to love, affection, companionship, and sexual relations—all things that might be lost when a spouse is hurt.
Children
In some cases, minor children may be able to claim loss of consortium if a parent is injured so badly that they can no longer provide love, guidance, and support.
Parents of an Injured Child
Texas also allows parents to sue for loss of consortium if their child suffers a severe injury. This is because the injury may destroy the usual parent-child bond.
When Can You File a Loss of Consortium Claim?
Loss of consortium claims are usually tied to very serious injuries—ones that change how a person interacts with their loved ones. Examples include paralysis, brain injury, or wrongful death.
Part of a Larger Lawsuit
Loss of consortium is not a stand-alone lawsuit. It’s filed as part of the injured person’s main personal injury or wrongful death lawsuit. That means the injured person must have a valid case before a spouse or family member can add a loss of consortium claim.
Time Limits Apply
In Texas, the general time limit (or statute of limitations) for filing personal injury claims—including loss of consortium—is two years from the date of the injury. Missing this deadline usually means the court will dismiss the case.
You can file a loss of consortium claim in serious injury cases, but it must be done within two years and as part of the larger lawsuit.
What Does a Loss of Consortium Claim Cover?
Loss of love, comfort, and emotional support can be compensated in a claim.
Loss of Household Services
If the injured person can no longer help with chores, childcare, or managing the household, this loss may be included.
Loss of Companionship and Affection
This includes the loss of shared time, experiences, and the ability to enjoy a close relationship.
Loss of Intimacy
In marriage, sexual relations are considered part of consortium. The loss of that part of the relationship may be addressed in the claim.
How Do You Prove Loss of Consortium?
The person making the claim must show how their relationship with the injured person has changed. This might involve explaining how they spent time together before the injury, and how life is different now.
Provide Testimony and Evidence
Spouses or family members can testify in court, and friends, doctors, or therapists may also be asked to describe the emotional effects of the injury.
Medical Records and Expert Opinions
Medical reports that describe the severity and lasting impact of the injury help show why a loss of consortium has occurred. Sometimes, psychologists or marriage counselors may also be called as experts.
To win a loss of consortium claim, you must provide clear evidence of how your relationship has changed because of the injury.
Contact a Personal Injury Lawyer for a Free Consultation
Serious injuries affect far more than just the person harmed—they ripple through entire families, altering relationships, responsibilities, and emotional well-being. Texas law acknowledges these profound impacts through loss of consortium claims, offering a path for spouses, children, and parents to seek compensation for what they’ve lost.
While these claims are complex and must be filed as part of a larger lawsuit, they can provide vital recognition and relief for the unseen emotional costs of an accident. If your family has been affected by a loved one’s serious injury, speaking with an experienced personal injury attorney can help you understand your rights and take the next step toward healing and justice.
Reach out to Benton Accident & Injury Lawyers for a free consultation. You can contact us online or call (214) 556-8321.