Loss of Consortium

Loss of consortium is a legal term that refers to the impact an injury has on a victim’s personal relationships, including the companionship, affection, and support of a spouse or close family member. Under Texas law, these are considered non-economic damages — “human losses” that can’t be calculated on a spreadsheet but can profoundly affect the lives of both the injured person and their loved ones.

If you’ve been hurt in a preventable accident, seeking full and just compensation means addressing not only medical bills, lost wages, and other financial costs, but also these deeply personal, non-economic damages. Loss of consortium exists to help victims and their families rebuild their lives, restore the support and companionship they’ve lost, and secure their future after an injury.

At Zehl & Associates, we fight tirelessly to recover the maximum compensation possible for our clients, including loss of consortium claims, so that the negligent parties are held fully accountable and victims never have to worry about providing for themselves or their loved ones ever again.

Continue reading to learn more about how loss of consortium works and why it matters in Texas injury cases.

Table of Contents

• Defining Non-Economic Losses
• What Is Loss of Consortium?
• Evidence for Proving Loss of Consortium
• Valuing Loss of Consortium in Court
• Parties Eligible for Loss of Consortium Damages
• Schedule a Free Consultation With Our Record-Setting Odessa Personal Injury Attorneys Today

Defining Non-Economic Losses

The state’s definition of non-economic damages includes any losses a victim suffers that don’t have a clear dollar value. 

These damages include the following:

• Physical pain and suffering
• Disfigurement
• Disability
• Mental and emotional pain and anguish
• Loss of enjoyment of life
• Loss of consortium
• Inconvenience
• Reputational injury
• Loss of companionship and society

These losses can be contrasted with economic damages, which have a demonstrable financial impact, like medical costs and lost wages.

What Is Loss of Consortium?

Texas statutes do not clearly define loss of consortium. However, Texas courts have decided in past cases that people can seek this kind of damage when an injury affects a close relationship, like between spouses or parents and children.

Some components of “consortium” include the following:

Companionship

Companionship refers to having someone around. For example, suppose that you and your spouse enjoy fishing. After a hand injury, you can no longer cast a line or bait a hook, and, as a result, cannot fish with your spouse. A jury might interpret this as evidence that you’ve lost your spouse’s companionship, at least during the time you would have spent fishing together.

Emotional Support

Emotional support means having someone to provide encouragement and understanding as you face life’s hardships. This element of consortium can be impacted by physical or mental trauma. As such, you could assert a loss of emotional support if your spouse becomes distant after a serious injury due to depression.

Love

Love is the positive feeling that you both give and receive that arises from emotional closeness and mutual affection. A loss of love can result from the toll that injuries take on a victim. It can also occur in wrongful death cases when a loved one dies due to someone else’s negligent actions.

Felicity

Felicity is the sense of happiness and well-being characteristic of a close relationship. A victim might experience a loss of felicity when they’re preoccupied with the pain and emotional suffering their injuries have caused. Their partner might experience a similar loss due to sadness for the other person’s injuries.

Sexual Relations

Many sources focus solely or primarily on sexual relations when defining consortium. However, this is only one element of marital consortium. Nonetheless, the law considers it an important consideration. A loss of sexual relations can stem from mental or emotional distance as well as physical pain, disability, or dismemberment.

Evidence for Proving Loss of Consortium

If someone is hurt in an accident, they may lose parts of their relationship with their spouse. This is called loss of consortium. Two types of evidence are usually used to prove this kind of loss.

First, medical records can show how the injury affected the person. These records might show physical pain, emotional problems, or mental health issues. For example, a PTSD diagnosis could help prove the marriage was affected.

Medical records can also show pain and suffering. If someone is in constant pain, they might not be able to focus on their relationship, which can cause distance between spouses.

Second, testimony from the injured person and their spouse can be very helpful. They can explain how things have changed at home since the injury. This might include less closeness, trouble talking, or fewer shared activities.

This kind of personal story helps juries understand the damage to the relationship. Real-life examples make the claim stronger. They show how much the couple’s life has changed.

Valuing Loss of Consortium in Court

There is no exact formula for how much a loss of consortium is worth. A jury doesn’t have a chart that says how much a broken relationship is worth in dollars. Instead, they must use their own judgment.

Jurors are told to think about what’s fair based on what they hear in court. They listen to the evidence and the stories from the couple. Then they decide on a fair amount of money for the loss.

Because this type of damage is personal, every case is different. What seems fair in one case might be different in another.

In the end, it’s up to the jury to decide what the loss is worth based on their life experience and sense of fairness.

Parties Eligible for Loss of Consortium Damages

Loss of consortium is a form of harm for which the victim and their spouse can seek compensation. Generally, the law restricts claimants from pursuing “double recovery.” 

For example, you usually can’t seek compensation for the damage to your vehicle from a car crash if your spouse has already received a settlement check for the loss of the same vehicle.

However, many cases can avoid this problem with evidence showing that the losses are different. A victim of medical malpractice, for instance, might suffer a brain disability while their spouse suffers a loss of companionship because the victim no longer recognizes them.

Schedule a Free Consultation With Our Record-Setting Odessa Personal Injury Attorneys Today

If you or a family member were injured by someone else’s negligence, contact Zehl & Associates immediately. Our undefeated Odessa personal injury attorneys have recovered billions for accident victims. When your future is at stake, don’t settle for less.

Call Zehl & Associates at 888-603-3636 or contact us online to schedule your free consultation today.