Short answer: In Texas, a loss of consortium claim allows the spouse or child of a seriously injured person to recover damages for the harm the injury caused to their own relationship, such as lost affection, companionship, comfort, and emotional support. The Supreme Court of Texas recognized the claim for spouses in 1978 and for children of a parent with serious, permanent, and disabling injuries in 1990. However, Texas does not allow parents to recover for loss of consortium when a child is injured but survives, and because the claim is derivative, the injured person's own share of fault reduces or bars it.
When someone is badly hurt in a crash on I-35W, a fall at a store, or a workplace accident in Dallas-Fort Worth, the injured person is not the only one who suffers. A spouse may lose a partner's companionship and help. A child may lose a parent's ability to play, teach, and be present. Texas law recognizes some of these losses, but the rules are specific, and many families do not know the claim exists until it is too late to raise it.
At Howard Lotspeich Alexander & Williams, PLLC (HLAW), our Fort Worth personal injury lawyers represent injured people and their families in Tarrant, Dallas, Denton, Collin, Johnson, and Parker counties. This guide explains who can bring a loss of consortium claim in Texas, what it covers, how it is valued, and the limits that often decide these cases.
Key Takeaways
- Spouses can recover. In Whittlesey v. Miller, the Supreme Court of Texas held "that either spouse has a cause of action for loss of consortium" arising from an injury caused to the other spouse by a third party's negligence (Whittlesey v. Miller, Tex. 1978).
- Children can recover when a parent is seriously injured. In Reagan v. Vaughn, the court held "that children may recover for loss of consortium when a third party causes serious, permanent, and disabling injuries to their parent" (Reagan v. Vaughn, Tex. 1990).
- Parents of an injured child generally cannot. Texas does not recognize a common law claim for a parent's loss of consortium resulting from a non-fatal injury to a child (Roberts v. Williamson, Tex. 2003).
- The claim is derivative. The defenses that bar all or part of the injured person's recovery have the same effect on the consortium claim, including the injured person's percentage of fault (Reagan v. Vaughn).
- It is a noneconomic damage. Texas law lists "loss of consortium" among noneconomic damages, which matters for caps in medical malpractice cases (Tex. Civ. Prac. & Rem. Code §41.001; §74.301).
- Deaths follow different rules. When an injury is fatal, family members' claims for loss of companionship generally proceed under the Texas Wrongful Death Act (Tex. Civ. Prac. & Rem. Code ch. 71).
What Is Loss of Consortium in Texas?
"Consortium" refers to the intangible benefits of a close family relationship. In Whittlesey, the Supreme Court of Texas explained that consortium "can generally be defined to include the mutual right of the husband and wife to that affection, solace, comfort, companionship, society, assistance, and sexual relations necessary to a successful marriage." The court added that the definition "primarily consists of the emotional or intangible elements of the marital relationship" (Whittlesey v. Miller).
In other words, a loss of consortium claim is not about medical bills or lost paychecks. It compensates a family member for the harm to the relationship itself: the spouse who can no longer share activities, travel, or intimacy with a partner, or the child whose parent can no longer coach, comfort, or guide them the way they once did.
The court also noted that in Texas, spousal consortium "does not include the 'services' rendered by a spouse to the marriage." Household services, such as a spouse's lost ability to do chores, can be handled differently, so it is important to discuss with your lawyer how each type of loss is presented.
Who Can Bring a Loss of Consortium Claim in Texas?
Texas law draws clear lines about which relationships qualify when the injured person survives.
| Relationship | Injured person survives | Key authority |
|---|---|---|
| Spouse of injured person | Yes, a claim is recognized | Whittlesey v. Miller (1978) |
| Child of injured parent | Yes, if the parent's injuries are serious, permanent, and disabling | Reagan v. Vaughn (1990) |
| Parent of injured child | No common law claim for a non-fatal injury | Roberts v. Williamson (2003) |
| Siblings, unmarried partners, other relatives | Generally not recognized | Texas common law |
Spouses
A spouse's claim is the most common type. Whittlesey involved a wife whose husband was injured in a car accident, and the court held that either spouse may bring the claim. The court also held that a settlement signed by the husband did not end the wife's claim, because there was "no showing that the husband had the authority to enter into a settlement on behalf of his wife" (Whittlesey v. Miller). That is one reason the spouse's claim should be identified and resolved together with the injured person's claim.
Children of an injured parent
Under Reagan, the child may recover non-pecuniary damages for "loss of the parent's love, affection, protection, emotional support, services, companionship, care, and society." The court declined to limit the claim to minor children, noting that adult children may also recover, while leaving it to the jury to consider the child's age in setting damages. On rehearing, the court explained that when the facts are disputed, the jury must first find that the parent's injury "was a serious, permanent, and disabling injury" before deciding consortium damages (Reagan v. Vaughn).
When the child is a minor, any settlement of the child's claim generally requires court approval. Our guide to settling a child's injury claim in Texas explains that process.
Parents of an injured child
In Roberts v. Williamson, the Supreme Court of Texas decided whether Texas recognizes "a common law cause of action for a parent's loss of consortium resulting from a non-fatal injury to a child," and it declined to recognize one (Roberts v. Williamson). Parents of a seriously injured child may still have other claims, such as for medical expenses they paid, but a separate claim for the lost relationship is not available when the child survives.
How Is a Loss of Consortium Claim Proven?
Because the claim is derivative, the family member must first prove that the defendant is legally responsible for the injured person's injuries. In Reagan, the court said the plaintiff "must show that the defendant physically injured the child's parent in a manner that would subject the defendant to liability" (Reagan v. Vaughn).
Then the family member must show how the injury changed the relationship. Evidence often includes:
- Testimony from the spouse or child about the relationship before and after the injury.
- Testimony from friends, relatives, coworkers, or clergy who saw the change.
- Medical evidence of the injured person's limitations, prognosis, and permanency.
- Photos, videos, and records showing shared activities, trips, coaching, or hobbies before the injury.
- Counseling or mental health records, where relevant, showing the strain on the family.
Juries often respond to concrete, specific examples rather than general statements. A spouse who describes no longer being able to go on morning walks, dance at a family wedding, or share the work of raising children can help the jury understand the loss. Our article on emotional distress and PTSD claims discusses similar proof for the injured person's own mental anguish.
How Much Is a Loss of Consortium Claim Worth?
There is no formula. The jury decides an amount based on the evidence. For children, Reagan listed factors including "the severity of the injury to the parent and its actual effect upon the parent-child relationship, the child's age, the nature of the child's relationship with the parent, the child's emotional and physical characteristics, and whether other consortium giving relationships are available to the child" (Reagan v. Vaughn; see also Reeder v. Allport, Tex. App. 2007).
For spousal claims, similar considerations often matter: the length and quality of the marriage, how severe and permanent the injury is, and how much the couple's daily life has changed.
Several legal rules can limit what a family actually recovers:
- Comparative fault. Under Texas's proportionate responsibility statute, a claimant "may not recover damages if his percentage of responsibility is greater than 50 percent," and otherwise damages are reduced by that percentage (Tex. Civ. Prac. & Rem. Code §§33.001, 33.012). For consortium claims, Reagan held that "any percentage of negligence attributable against the parent" will reduce the child's recovery.
- Medical malpractice caps. Loss of consortium is a noneconomic damage under §41.001. In health care liability claims, Chapter 74 limits noneconomic damages against physicians and providers to $250,000 for each claimant, with separate limits for health care institutions (Tex. Civ. Prac. & Rem. Code §74.301).
- Insurance limits. In many DFW car wreck cases, the at-fault driver's policy limits are the practical ceiling, and the injured person and family members may be sharing the same limited coverage.
- Workers' compensation. In Reed Tool Co. v. Copelin, the court held that a wife's negligence-based consortium claim against her husband's employer was barred where the husband was covered by workers' compensation (Reed Tool Co. v. Copelin, Tex. 1980). Claims against other at-fault parties, such as a negligent driver, may remain.
For a broader look at valuation, see what your personal injury case may be worth.
Is Loss of Consortium Different From a Wrongful Death Claim?
Yes. The cases above involve people who survive their injuries. When a person dies, the surviving spouse, children, and parents may bring a wrongful death action, which Texas law says is "for the exclusive benefit of the surviving spouse, children, and parents of the deceased" (Tex. Civ. Prac. & Rem. Code §71.004). In Sanchez v. Schindler, the Supreme Court of Texas held that parents may recover for loss of companionship and society and mental anguish for the wrongful death of a child (Sanchez v. Schindler, Tex. 1983).
So while parents cannot recover consortium damages for a child who survives, they may recover for loss of companionship if the child dies. Learn more on our wrongful death practice page.
Who Owns the Money From a Consortium Claim?
The consortium claim belongs to the family member, not the injured person. Under the Texas Family Code, a spouse's separate property includes "the recovery for personal injuries sustained by the spouse during marriage, except any recovery for loss of earning capacity during marriage" (Tex. Fam. Code §3.001). In Reed Tool, the court described the wife's intentional consortium claim as her "separate property claim." How settlement funds are characterized can matter in later family law issues, so it is worth discussing with counsel when a settlement is divided.
How Long Do You Have to File?
Most Texas personal injury claims must be filed within two years under Civil Practice and Remedies Code §16.003, and a spouse's consortium claim is typically brought alongside the injured spouse's claim within that period. For minors, §16.001 provides that the time a person is "younger than 18 years of age" is generally not included in the limitations period (Tex. Civ. Prac. & Rem. Code ch. 16). Different deadlines and notice rules may apply to claims against governmental entities and health care providers. See our guide to time limits for personal injury claims in Texas.
Frequently Asked Questions
Can I sue for loss of consortium if my husband or wife was hurt in a car accident?
Yes, Texas recognizes a spouse's claim when a third party's negligence injured the other spouse. You must show the defendant is liable for your spouse's injuries and prove how the injury harmed your marriage.
Does the injury have to be permanent for a spouse's claim?
Reagan expressly requires serious, permanent, and disabling injuries for a child's claim. For spouses, the severity and duration of the injury strongly affect the value of the claim, and minor, short-term injuries often support little or no consortium recovery. Talk with a lawyer about your specific facts.
Can my adult children bring a loss of consortium claim?
Possibly. In Reagan, the Supreme Court of Texas declined to limit the claim to minor children, while noting that the jury may consider the child's age in setting damages. The parent's injuries must still be serious, permanent, and disabling.
Can I recover loss of consortium if we are engaged but not married?
Texas generally limits spousal consortium to legally married spouses. A valid common law marriage under Texas law may qualify, but that must be proven.
Will my fault in the accident affect my spouse's consortium claim?
Yes. Because the claim is derivative, the injured person's percentage of responsibility reduces the family member's recovery, and if the injured person is more than 50 percent at fault, the claim may be barred.
Does the insurance company have to pay loss of consortium separately?
Consortium is a separate claim, but it is usually paid from the same liability policy as the injured person's claim. When coverage is limited, how the money is divided among family members becomes an important part of the settlement.
Talk to a Fort Worth Personal Injury Lawyer
A serious injury affects the whole family. Identifying every claim, including a spouse's or child's loss of consortium, helps ensure the family's losses are presented together and not left out of a settlement.
Call HLAW at (817) 993-9249 or contact us online for a free consultation about a serious injury in Dallas-Fort Worth.
This article is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Laws change, and every case depends on its specific facts.
