Intentional Impairment of Consortium In Texas
The remedy for the negligent or intentional impairment of the marital relationship is a tort action for loss of consortium. Whittlesey v. Miller, 572 S.W.2d 665, 666 (Tex. 1978).
Either spouse has a cause of action for loss of consortium that might arise as a result of an injury caused to the other spouse by a third party tortfeasor's negligence. Id. at 668.
Consortium consists of the emotional, intangible elements of the relationship, including the mutual right of the husband and wife to that affection, solace, comfort, companionship, society, assistance, and sexual relations necessary to a successful marriage. Id. at 666.
As consortium concerns subjective states difficult to translate into a dollar amount, the issue generally must be resolved by the jury. Id. at. 667.