Can a Spouse, Child or Parent Recover 'Loss of Consortium' in a Non-Fatal Texas Injury Case?
Direct Answer Under Texas Law
Here are the exact three rules established by the Supreme Court of Texas for non-fatal Loss of Consortium: (1) SPOUSES: Under Whittlesey v. Miller, 572 S.W.2d 665 (Tex. 1978), either spouse has an independent cause of action for loss of spousal consortium (loss of affection, solace, comfort, companionship, society, assistance, and sexual relations) when the other spouse is injured; (2) CHILDREN of an injured parent: Under Reagan v. Vaughn, 804 S.W.2d 463 (Tex. 1990), minor or adult children may recover loss of parental consortium when a parent suffers a serious, permanent, and disabling injury; (3) PARENTS of a non-fatally injured child: Under Roberts v. Williamson, 111 S.W.3d 113 (Tex. 2003), Texas DOES NOT allow parents to recover loss of filial consortium for a non-fatal injury to a child (unlike fatal wrongful death cases, where parents DO recover under CPRC § 71.004!).
Critical Texas Procedural Trap to Watch Out For
Remember that a Loss of Consortium claim is 'derivative' of the injured family member's claim—meaning the injured spouse's comparative fault % under CPRC Chapter 33 reduces the consortium award too, and under McGovern / standard auto policies, a consortium claim usually shares the injured person's single 'per-person' policy limit rather than unlocking the second 'per-accident' limit.
Recommended Action Plan for Texas Claimants
In catastrophic brain, spinal, or burn injury cases involving a married plaintiff or parent, join the spouse and children as named consortium plaintiffs under Whittlesey and Reagan.
Detailed Texas Statutory & Case Law Breakdown
Under Texas Common-Law Loss of Spousal & Parental Consortium and controlling Texas appellate precedent in Whittlesey v. Miller, 572 S.W.2d 665 (Tex. 1978); Reagan v. Vaughn, 804 S.W.2d 463 (Tex. 1990); Roberts v. Williamson, 111 S.W.3d 113 (Tex. 2003), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Texas Common-Law Loss of Spousal & Parental Consortium and how Texas courts apply Whittlesey v. Miller, 572 S.W.2d 665 (Tex. 1978); Reagan v. Vaughn, 804 S.W.2d 463 (Tex. 1990); Roberts v. Williamson, 111 S.W.3d 113 (Tex. 2003) in your county's appellate district.
- Beware of the Texas Procedural Trap: Remember that a Loss of Consortium claim is 'derivative' of the injured family member's claim—meaning the injured spouse's comparative fault % under CPRC Chapter 33 reduces the consortium award too, and under McGovern / standard auto policies, a consortium claim usually shares the injured person's single 'per-person' policy limit rather than unlocking the second 'per-accident' limit.
- Execute the Texas Action Plan: In catastrophic brain, spinal, or burn injury cases involving a married plaintiff or parent, join the spouse and children as named consortium plaintiffs under Whittlesey and Reagan.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
Can a Spouse, Child or Parent Recover 'Loss of Consortium' in a Non-Fatal Texas Injury Case?
Here are the exact three rules established by the Supreme Court of Texas for non-fatal Loss of Consortium: (1) SPOUSES: Under Whittlesey v. Miller, 572 S.W.2d 665 (Tex. 1978), either spouse has an independent cause of action for loss of spousal consortium (loss of affection, solace, comfort, companionship, society, assistance, and sexual relations) when the other spouse is injured; (2) CHILDREN of an injured parent: Under Reagan v. Vaughn, 804 S.W.2d 463 (Tex. 1990), minor or adult children may recover loss of parental consortium when a parent suffers a serious, permanent, and disabling injury; (3) PARENTS of a non-fatally injured child: Under Roberts v. Williamson, 111 S.W.3d 113 (Tex. 2003), Texas DOES NOT allow parents to recover loss of filial consortium for a non-fatal injury to a child (unlike fatal wrongful death cases, where parents DO recover under CPRC § 71.004!). Key Texas Trap to Avoid: Remember that a Loss of Consortium claim is 'derivative' of the injured family member's claim—meaning the injured spouse's comparative fault % under CPRC Chapter 33 reduces the consortium award too, and under McGovern / standard auto policies, a consortium claim usually shares the injured person's single 'per-person' policy limit rather than unlocking the second 'per-accident' limit.
What Texas statute and Supreme Court / appellate precedent control loss of consortium for spouses & children in texas?
This question is governed in Texas by Texas Common-Law Loss of Spousal & Parental Consortium and the legal standards articulated in Whittlesey v. Miller, 572 S.W.2d 665 (Tex. 1978); Reagan v. Vaughn, 804 S.W.2d 463 (Tex. 1990); Roberts v. Williamson, 111 S.W.3d 113 (Tex. 2003). Recommended step: In catastrophic brain, spinal, or burn injury cases involving a married plaintiff or parent, join the spouse and children as named consortium plaintiffs under Whittlesey and Reagan.
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