Losing a loved one is never easy. When a person experiences serious injury or death due to someone’s negligence, more than one victim suffers.
Of course, the person injured or killed bears the brunt of the harm and deserves justice.
However, the accident likely affected many people who depended on the victim for financial support, physical support, or companionship.
For this reason, Texas law provides a way for other people impacted by the victim’s injury or death to sue. This legal action involves suing for damages over “loss of consortium.”
If you need help filing a loss of consortium claim, please don't hesitate to contact our wrongful death lawyers for assistance. We want to help and are ready to help you through this troubling time.
What Is Loss of Consortium in Texas?
Loss of consortium in Texas means that you have been deprived of a relationship’s benefits due to an injury or death.
Loss of consortium actions are brought by the family of the person wrongfully injured or killed. These actions can include the loss of a relationship with a spouse, parent, or child.
Loss of Marital Relationship
Marital relationship damages attempt to compensate for the loss of a relationship as it was experienced before the accident.
These damages include loss of affection, loss of companionship, loss of emotional support, and loss of sex.
Loss of Parent Relationship
A child can recover for the loss of a parent relationship through “serious, permanent and disabling” injury or death. A child can recover damages to cover loss of a parent’s love, protection, companionship, affection, and care.
However, siblings and stepparent/stepchild relationships are not eligible for loss of consortium damages.
Loss of Child Relationship
There are unique limitations on loss of consortium claims imposed by Texas courts. For instance, a parent cannot recover for the loss of companionship of an injured child but can recover for a child’s wrongful death.
A Texas personal injury attorney can help you determine if your relationship qualifies for loss of consortium damages.
Other damages that can be brought by close family members include loss of support and loss of services. Loss of support includes the financial support the victim would have contributed to the family if not for the accident.
Loss of services includes the unpaid services the victim provided to their family. For instance, the victim’s care of children or elderly parents would fall into this category. Chores, running errands, and household repairs also count here.
How to Calculate Loss of Consortium Damages
While family members can calculate lost wages, medical bills, and other financial losses, they may not know how to calculate damages for the loss of consortium. These damages are often more abstract, but a skilled wrongful death lawyer can help you calculate the full value of loss of consortium in Texas damages.
Many different points must be considered to determine the value of loss of consortium. We attempt to calculate loss of consortium in Texas damages based on these factors:
- Did the person experience a devastating permanent injury or death?
- What was the victim’s temperament or tendency for emotional support?
- How active was the couple’s romantic relationship?
- Did the couple divorce after the accident?
Our attorneys know that no amount of money can ever replace the relationship you enjoyed with your loved one. However, a financial award for loss of consortium might ease some of the hardship you are experiencing.
How Our Wrongful Death Lawyers Can Help
If you’ve experienced the loss of a relationship you once enjoyed due to someone’s negligence, you may have a potential lawsuit. You can sue for loss of consortium in Texas if the victim’s injury or death caused you significant hardship.
Contact our wrongful death attorneys at The Francis Firm for a free consultation, and we’ll evaluate your case. We can help you calculate loss of consortium damages and argue for a maximum settlement or jury award.
As Southlake’s premier personal injury firm, we serve DFW and all of Texas. Founding attorney Michael Francis is Board Certified in Personal Injury by the Texas Board of Legal Specialization and has represented personal injury and wrongful death victims for 25 years.
The Francis Firm can help you get maximum compensation for your loss of consortium. Call us for a free consultation, and we will start fighting for what you deserve.