Defining Loss of Consortium
Loss of consortium refers to the loss of the benefits of a family relationship, such as a spousal relationship or a parent-child relationship, due to injuries or death caused by someone else’s negligent or wrongful actions.
This can include:
- Loss of companionship
- Loss of affection or love
- Loss of emotional support
- Loss of intimacy (in the case of spouses)
- Loss of care, comfort, and protection
- Loss of parental guidance (in some child-parent claims)
This is a type of non-economic damage, meaning it doesn’t involve a specific dollar amount like medical bills or lost wages. Instead, it reflects the emotional and relational harm suffered by the loved ones of an injured or deceased person.
Who Can Seek Compensation for Loss of Consortium?
Generally, spouses are the most common parties to seek loss of consortium, especially in cases where a catastrophic injury or death has disrupted the marriage. However, in some states (including Texas), children and parents may also be allowed to recover for loss of consortium under specific circumstances.
Examples of who may qualify for loss of consortium include:
- A wife whose husband is paralyzed in a workplace accident
- A husband whose wife suffers a traumatic brain injury in a car accident
- Children who have lost the nurturing guidance of a parent
- Parents of a child who has suffered life-altering injuries
When Is Loss of Consortium Awarded?
Loss of consortium damages may be awarded when a loved one’s injuries are severe enough to significantly alter family relationships, or when someone dies due to another party’s negligence. It’s rarely awarded for minor or temporary injuries, but certain exceptions may apply.
Courts will look at several factors when considering a loss of consortium claim, such as:
- The severity and permanence of the injury
- The strength and quality of the relationship before the incident
- The level of dependency between the parties
- The nature of the loss (e.g., emotional support vs. physical intimacy)
- The daily impact on family life
Loss of consortium damages often arise in catastrophic injury cases—such as brain injuries, spinal cord injuries, or amputation and crush injuries—as well as wrongful death, where the injured person can no longer engage in a meaningful family life as they did before.
Establishing Loss of Consortium
Loss of consortium is highly personal and often difficult to quantify. Unlike medical expenses, there’s no bill or receipt to attach to emotional loss. That can make these claims harder to prove, especially if the insurance company argues that the impact on the relationship is exaggerated.
At Arnold & Itkin, we know how to approach these claims with the care and seriousness they deserve. We work closely with our clients to document the depth of their loss and present it in a way that resonates with judges and juries, while still remaining mindful of the sensitive nature of these matters.
We often use:
- Personal testimony from the spouse or family member
- Evidence of how the relationship functioned before the injury
- Expert witnesses in psychology, caregiving, or marriage counseling
- Diaries, letters, or videos that demonstrate the relationship’s quality
Proving the full extent and nature of your loss can be challenging, but you don’t have to go through this alone. Our personal injury attorneys know how to build powerful cases that clearly demonstrate just what our clients have lost—and what they deserve to heal.
How Arnold & Itkin Can Help with Loss of Consortium
At Arnold & Itkin, we’ve helped countless families navigate the most painful moments of their lives. We understand how devastating it is to watch a loved one suffer and how isolating it can feel to have your own grief pushed to the side. We’re here to make sure your voice is heard.
Our personal injury lawyers are committed to telling the full story: the facts, the injuries, and the emotional toll on everyone involved. We fight for the compensation you deserve, not just for what’s been lost financially, but for what’s been taken from your life, your relationship, and your future.
If your family has been torn apart by a serious injury or wrongful death, don’t face it alone. Contact us at (888) 493-1629 for a free, confidential consultation.
