How Does Loss of Consortium Work in Texas?
When someone is seriously injured through the negligence of another, it may not be only the injured person who suffers a loss. The victim’s spouse, children, parents, and other family members may suffer loss of consortium. This concept can play an essential role in Texas personal injury claims. Understanding the loss of consortium can help you receive fair compensation for your injuries.
What Is the Loss of Consortium?
Loss of consortium can be defined as deprivation of the benefits of a family relationship due to injuries caused by the negligent party. These may include society, companionship, affection, sexual relations, or any benefit provided by an intimate relationship. When an injured person can no longer give a spouse or family member the love, companionship, comfort, services, support, or intimate relations that were provided before the injury occurred, the spouse or family member has suffered the loss of consortium.
What Types of Damages Can Be Awarded for Loss of Consortium?
The amount of damages awarded for loss of consortium is determined by the jury. A family member of an injured party may sue for damages such as:
- Loss of marital relationship: This may include loss of affection, companionship, emotional support, and sexual relations.
- Loss of parent relationship: A child of an injured person may recover from the loss of a parent’s love, companionship, protection, care, and affection.
What Factors Are Considered in a Loss of Consortium Claim?
Loss of consortium can be more abstract and difficult to calculate than economic losses such as medical expenses or lost wages. Various factors may be considered in calculating the value of a claim, including:
- Age and health of the injured party
- The severity of the injury the victim suffered
- Long-term consequences of the injury
- Recovery time and reduced life expectancy of the victim
- Victim’s financial contributions to the marriage or the family
- Contributions the injured party made to the household before the injury
- Changes in the marriage or family relationships after the injury
What Evidence Is Needed for a Loss of Consortium Claim?
Evidence may be needed to prove a loss of consortium claim. This may include testimony from medical experts and from family members. Our experienced Texas personal injury attorneys can help gather and present evidence to strengthen your claim for loss of consortium.
What Is the Role of Loss of Consortium in Personal Injury Settlements and Judgments?
When loss of consortium is factored into a personal injury settlement or judgment, it can impact the overall value of your claim. Compensatory damages are intended to “make the injured party whole” or compensate you for your losses. Settlements and judgments are determined by calculating and totaling the economic and noneconomic damages the injured party has suffered because of the negligence or wrongdoing of the at-fault party. Common damages in personal injury claims include medical expenses, lost earnings, pain and suffering, and other losses. Damages for loss of consortium, designed to compensate spouses or family members of injured victims, can add to the value of the claim.
How Can a Texas Personal Injury Attorney Help?
Your best chance of recovering full and fair compensation for a serious injury caused by someone else’s negligence is to have an experienced personal injury lawyer handling your claim. At The Lenahan Law Firm, we have the knowledge and experience to calculate the full extent of your damages, including loss of consortium, and the skills to effectively pursue the compensation you deserve.
Our attorneys have been awarded lifetime membership in the Million Dollar Advocates Forum and the Multi-Million Dollar Advocates Forum. We have been named among Texas Super Lawyers® and rated 10.0 by Avvo. Call us at (214) 295-1008 for legal assistance with personal injury claims, including loss of consortium.