What is loss of consortium?
Loss of consortium is a claim brought by the husband, wife, child or parent of an injured person for what the injury took from their relationship: affection, comfort, companionship, help around the house and intimacy. The Texas Supreme Court described consortium as the mutual right of spouses to affection, solace, comfort, companionship, society and assistance.
Last checked November 9, 2026 · Official sources (5)
What does a loss of consortium claim look like? An example
Example: a construction worker suffers a spinal injury when a crane operator drops a load. His own claim covers his medical bills, lost wages and pain. His wife has a separate claim. She has gone from partner to caregiver; they no longer travel, share the yard work or have the same intimate life. Her loss of consortium claim might be valued at, say, $50,000 in a settlement, on top of his own claim. That amount is invented for illustration.
The money is for the relationship, not for her caregiving hours or her own wages, which may be claimed in other ways.
Why does loss of consortium matter to an injured family?
It is easy to forget. Many families assume only the injured person has a claim. If the spouse or child is never named, that part of the loss can go unpaid, and releases signed in the injured person's case may affect it, so read what a release covers before anyone signs.
Arizona's jury instruction lists loss of love, care, affection, companionship, comfort, support and other benefits of the marital or parent-child relationship.
Who can claim loss of consortium in Texas and Arizona?
| State | Who may claim |
|---|---|
| Texas | A spouse, and a child when a parent suffers serious, permanent and disabling injuries. |
| Arizona | Spouses, parents and children only. Children may claim for a parent's serious, permanent and disabling injury. |
Loss of consortium vs. wrongful death
Loss of consortium usually describes a living person's injury and what it does to the family. Wrongful death is the claim when the person dies; there the family's loss of love and companionship is part of the death claim itself.
The two can also overlap in time. If an injured person lives for months before dying, the family may have had a consortium loss during those months and then a wrongful death claim afterward. Which labels apply, and in what order, depends on state law, so families in that situation commonly ask a lawyer to sort it out early.
Questions
Can an unmarried partner claim loss of consortium?
Usually not. Arizona limits the claim to spouses, parents and children.
Is loss of consortium only about sex?
No. It covers affection, comfort, companionship and help in daily life as well as intimacy.
Find out if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (5)
- Whittlesey v. Miller, 572 S.W.2d 665 (Tex. 1978), checked 2026-11-09. “it 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.”
- Reagan v. Vaughn, 804 S.W.2d 463 (Tex. 1990), checked 2026-11-09. “We hold that children may recover for loss of consortium when a third party causes serious, permanent, and disabling injuries to their parent.”
- Revised Arizona Jury Instructions (Civil), Personal Injury Damages (State Bar of Arizona), checked 2026-11-09. “A cause of action for loss of consortium is also limited to spouses, parents, and children”
- Revised Arizona Jury Instructions (Civil), Personal Injury Damages (State Bar of Arizona), checked 2026-11-09. “Loss of love, care, affection, companionship, comfort, support and other benefits of the [marital] [parent-child] relationship.”
- Villareal v. State, 160 Ariz. 474 (1989), checked 2026-11-09. “we hold that children may recover for loss of consortium when a third party causes serious, permanent, and disabling injury to their parent.”