Loss of consortium is a unique category of compensatory damages, since the right to seek compensation does not belong to the injury victim. Instead, the right to seek compensation belongs to the spouse, children, and/or parents of the victim. Loss of consortium is based on the loss of love, affection, protection, emotional support, companionship and care that can accompany serious injury of a family member. In Texas, a spouse can seek compensation for loss of consortium in most injury cases. A child can seek compensation for loss of consortium in the event a parent sustained a serious, permanent, and disabling injury, or in the event a parent is killed. Finally, a parent can recover compensation for loss of consortium for the death of a child.
Unlike many types of compensatory damages, loss of consortium does not usually require the testimony or opinion of an expert witness. Rather, proving loss of consortium requires the person seeking compensation to tell their story. Photographs and videos depicting the relationship can also help substantiate the loss, and help demonstrate to an insurance adjuster or jury the extent to which a person’s life has been altered because of injury to or death of a loved one.