When a person is injured or killed in an accident, they or their family may sue for various economic and non-economic damages. Loss of consortium is a form of non-economic damages that concerns the loss of personal relationships and the benefits that accompany them. Although subjective, these damages may be quite valuable.
Damages for loss of consortium are often claimed when someone loses a close family member or their family member is severely injured. If a family member is severely injured or passes away because of their injuries, a surviving spouse, child, or parent may claim the loss of their relationship with the deceased person. The nature of the loss of consortium will vary based on the plaintiff’s relationship with the deceased or injured person.
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What May Be Included in Claims for Loss of Consortium in Texas?
Loss of consortium is a broad claim that may apply in various circumstances. Your attorneys should assist you in determining how to make this claim and what your damages may be worth.
Death or Serious Injury to a Spouse, Parent, or Child
The loss of consortium may be claimed in Texas when a plaintiff loses a spouse, parent, or child because of someone else’s negligent or wrongful actions. Texas statutes do not specify who may claim loss of consortium, but courts have developed more specific interpretations.
Common law has generally recognized the right of a spouse to claim loss of consortium related to the death or injury of their spouse and the right of a parent to claim damages for the loss of a child. This scope was expanded in Reagan v. Vaughn to include children’s right to claim loss of consortium for the loss of a parent.
Companionship, Emotional Support, and Intimacy
Loss of consortium is a somewhat subjective claim, as it emphasizes the loss of a personal relationship and all that comes with it. As such, the nature of a plaintiff’s claims will depend on the nature of their relationship with their lost loved one.
Many plaintiffs claim things like the loss of companionship, emotional support, parental guidance, spousal intimacy, and other subjective aspects of a personal relationship.
Household Services
Many plaintiffs also include the loss of certain household services as part of a loss of consortium. This may come up if the plaintiff and the deceased or injured person lived together, which is common. For example, a surviving spouse may claim the loss of financial support, help with child-rearing, and general household support if their spouse passes away.
How Do I Evaluate Claims for Loss of Consortium?
Determining the value of your claims and how our Texas personal injury lawyers will prove them in court will depend on your unique circumstances and personal relationship. Your attorney should help you evaluate your claims and find evidence.
Evidence of Your Relationship Before and After the Accident
We need some evidence of your relationship from before your loved one was injured. If you are claiming damages for the loss of a spouse, we may need a marriage certificate to prove you were legally married. Photos from throughout your relationship may also help us establish how serious the relationship was and the significance of your loss.
Degree of Loss
We must next prove the degree or magnitude of your loss. In some cases, this is somewhat self-evident. For example, when a parent loses a child, juries often need little evidence to be convinced of how significant and painful this loss is. However, it may still be a good idea for you to testify about the loss to reinforce this point.
FAQs About Lawsuits and Damages Related to Loss of Consortium in Texas
What is Loss of Consortium?
Loss of consortium is not specifically defined in Texas statutes, but courts have developed a clearer definition. Generally, this type of claim centers on the loss of a personal relationship and the benefits it provided. This may be the loss of intimacy between spouses or the loss of parental guidance if a child loses a parent.
When May I Claim Loss of Consortium in Texas?
People often claim the loss of consortium when a spouse, child, or parent is killed in an accident, leading to the total loss of that personal relationship. However, it may also be possible to claim loss of consortium if your family member is not killed but very badly injured, as long as their injury significantly interferes with your relationship.
Are Damages for Loss of Consortium Valuable?
Possibly. Loss of consortium is a form of non-economic damages that lacks a clearly defined dollar value. Instead, the value of these damages may be assessed based on the specific circumstances of the case, and they may be unique to each plaintiff. Generally, the more serious the loss, the greater the potential damages.
How Do I Prove Loss of Consortium?
You may prove your loss of consortium by presenting evidence of your relationship with the injured or deceased person from before their accident. You may need to testify about how the loss of the relationship has affected your life.
What Kind of Cases Involve Claims for Loss of Consortium?
Many cases that involve claims for loss of consortium also involve serious injuries or death. As such, these claims often arise in lawsuits for serious personal injuries or for wrongful death.
How Do I Know I Can Claim Damages for Loss of Consortium?
Consider the relationship that you have lost or can no longer enjoy. In Texas, people may claim loss of consortium for the loss of a spouse, child, or parent. If you lost a close friend or more distant relative, you might not be able to claim loss of consortium. When in doubt, ask your lawyer.
Receive a Review of Your Case from Our Texas Personal Injury Lawyers
Get a free case review from our Austin, TX personal injury attorneys by calling Cap City Injury Attorneys at (512) 612-3110.