Understanding Loss of Consortium in Injury Lawsuits in Tennessee

Injury lawsuits usually focus on physical harm and medical costs, but they often overlook the impact on close relationships. When a serious injury changes a marriage or family dynamic, a loss of consortium claim can offer a path to seek compensation. In Tennessee, this type of claim allows spouses and certain family members to be recognized for the emotional, physical, and practical losses they experience after an accident, whether from a car crash, workplace injury, or another serious event.

What Is a Loss of Consortium Claim?

A loss of consortium claim is a legal action brought by the spouse – or sometimes a family member – of someone seriously injured. This type of claim seeks to maximize compensation for the loss of love, companionship, affection, support, and comfort caused by someone else’s negligence or wrongdoing. Tennessee law allows a person to recover damages for the loss of consortium resulting from injuries to their spouse. But you might be wondering, what is loss of consortium exactly? It refers to a serious injury’s emotional, physical, and relational impact on a marriage or partnership.

Unlike medical bills or lost wages, these losses are non-economic. Tennessee courts recognize that a serious injury can reshape a relationship in profound, lasting ways beyond the injury itself.

For example, if someone is hurt in a car crash or by a defective product, their spouse may suddenly carry the full weight of running the household, raising children, and coping with emotional changes. These hardships are part of consortium losses and may be compensable through a personal injury lawsuit process in Tennessee.

When Can You File a Loss of Consortium Claim?

In Tennessee, loss of consortium claims are generally filed alongside the spouse’s injury lawsuit. However, the right to bring this type of claim comes with specific rules.

To be eligible:

• You must be legally married to the injured person during the incident
• The injury must significantly affect your marital relationship
• The underlying injury lawsuit must be valid under Tennessee law

Loss of consortium claims often come up in cases involving:

• Catastrophic car wrecks
• Motorcycle or pedestrian crashes
• Medical malpractice
• Defective products (under strict liability)
• Work-related injuries caused by third-party negligence

For example, if a spouse suffers a spinal cord injury in a truck accident, the impact goes far beyond medical treatment. The non-injured spouse may take on caregiver duties, experience emotional distress, and face the loss of physical intimacy or emotional connection. These hardships may form the basis of a spouse’s injury lawsuit claim.

Under Tennessee law, the amount awarded in a personal injury claim settlement (including any consortium losses) may be reduced if the injured person was partly at fault. If they are found to be more than 50 percent responsible, neither they nor their spouse can recover anything.

Common Losses in a Loss of Consortium Claim

Each case is different, but a loss of consortium claim may include:

• Loss of affection or emotional connection
• Inability to maintain a physical relationship
• Shifts in household or parenting responsibilities
• Loss of shared experiences and companionship
• Emotional strain related to the accident
• Increased stress from caregiver duties

Sometimes, the spouse may need to take time off work, hire outside help, or seek therapy. These are not minor inconveniences – they reflect a deep and ongoing impact on daily life and the marriage itself. Loss of consortium claims help highlight how an injury can affect more than just the person hurt; it can also profoundly affect those closest to them. 

Please read more about dos and don’ts in car accident claims here: The Do’s and Don’ts of Car Accident Claims

Proving the Impact on Your Relationship

To support a loss of consortium claim, your attorney may rely on:

• Witness testimony from friends, family, or counselors
• Personal journals, emails, or texts
• Evaluations from psychologists or therapists
• Statements from the injured spouse

The more clearly you can describe how the relationship changed after the injury, the better. Details about lost intimacy, strained communication, altered routines, or missed milestones help build your case.

Even seemingly small shifts, like no longer cooking together or sharing hobbies, can demonstrate the emotional and relational impact. If the injury has permanently changed your ability to enjoy your marriage as before, you may have a strong claim for non-economic damages tied to that loss. 

Limitations and Challenges of Loss of Consortium Claims

While relationship loss compensation is legally recognized, these claims are often difficult to prove. Unlike broken bones or hospital bills, the effect of an injury on a relationship can be deeply personal and hard to measure. Here are a few common challenges:

Emotional Loss Is Hard to Quantify

Courts need to see evidence that the marriage has genuinely changed. That may involve testimony about reduced affection, communication problems, or emotional strain caused by the injury. These claims can feel invasive, especially if your private life becomes part of the record.

Evidence Must Show a Real Impact

Minor injuries typically do not qualify. Tennessee courts require proof of a lasting, significant loss of companionship, intimacy, or support. A brief recovery or temporary disruption in the relationship is usually insufficient to justify a loss of consortium claim. 

The Claim Is Dependent on the Main Lawsuit

You can’t file a loss of consortium claim without a valid injury case. If the injured spouse doesn’t win or settle their claim, the related spousal claim will not proceed. Both instances are legally connected and depend on the same outcome.

That is why it is crucial to work with an experienced legal team that understands how to combine the two cases.

Talk to a Personal Injury Lawyer in Memphis

If your spouse was seriously hurt and your relationship has not been the same since, you do not have to go through this alone. A loss of consortium claim can’t undo what happened, but it can help recognize your suffering and support your future.

At Gatti, Keltner, Bienvenu & Montesi, PLC, we understand how deeply a serious injury can affect every part of a marriage. Our Memphis personal injury lawyers will take the time to listen to your story, evaluate your options, and help you move forward with clarity. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. Call us at (901) 526-2126 or schedule a free consultation by reaching out through our contact form. We look forward to learning more about your situation and discussing how we can assist you.