Loss of Consortium in Texas: Everything You Need to Know

2024-05-10, Kyle Herbert

When you have to deal with the loss of consortium in Texas, it’s never easy. Losing a loved one is an overwhelming experience. Moreover, when someone experiences this loss due to the negligence of another, there’s more than one victim who suffers.

Whether in a car accident or from a catastrophic injury, the person injured or killed deserves justice. Still, these incidents impact many people, especially those who depend on the individual for companionship or physical and financial support.

With this in mind, Texas law offers a remedy for others impacted by a victim’s injury or death. This legal course involves suing for damages in a “loss of consortium” claim.

When you need assistance filing for loss of consortium in Texas, you need an advocate on your side. A wrongful death attorney can assist you throughout the process so that you don’t have to bear the weight of the claim on top of everything else.

What Constitutes Loss of Consortium in the State of Texas?

In Texas, loss of consortium means that someone else’s negligence deprived you of the benefits of a relationship due to an injury or death.

The family of the individual injured or killed is able to bring these actions against the responsible person. These actions include the loss of a relationship with a child, parent, or spouse.

Loss of a Child

In Texas, there are some unique limitations to these claims. For instance, a parent is not able to recover damages for the loss of a relationship with an injured child. However, if the accident results in the wrongful death of the child, they are able to take legal action.

A personal injury lawyer has the experience necessary to help you determine whether your case qualifies for these claims or others.

Loss of a Parent

Children have the option to seek damages for the loss of a parent through “serious, permanent and disabling” injury or death. The child is able to recover damages related to the loss of their parent’s love, affection, care, companionship, and protection. However, siblings and stepchildren are not eligible for these claims.

Loss of a Spouse

Loss of a spouse relationship claims attempt to provide compensation for the loss of the marital relationship as experienced prior to the accident. These damages range from affection and emotional support to companionship and sex.

Additional Damages

In addition to the loss of relationship damages, there are other types of damages to consider. This includes both loss of services and loss of support.

Loss of services refers to unpaid services that a victim provided to their family.

  • Care of elderly parents or children
  • Running errands
  • Chores
  • Household repairs

Loss of support refers to the financial support that a victim would have contributed if not for the incident.

Calculating Damages for Loss of Consortium Claims

While it’s possible for families to calculate damages, including lost income, medical expenses, and other expenses, they don’t always know the breadth of damages available. This includes the damages covered by loss of consortium in Texas.

Often, these are a bit more abstract and difficult to calculate. However, skilled attorneys can help you determine the full value of your claim.

In these claims, there are many factors to consider in order to calculate an appropriate value.

  • How active was the romantic relationship?
  • Did the accident lead to a divorce?
  • What was the victim’s tendency regarding emotional support?
  • Did the victim suffer a devastating and permanent injury?
  • Was the accident fatal?

There’s no amount of money that can take the place of a relationship with a loved one. However, the financial award from the claim can help to ease the hardship that results from the loss.

How a Wrongful Death Attorney Can Help

If you experienced the loss of companionship due to another’s negligence, you may be eligible to pursue compensation. Our legal team is ready to help you explore your options. If the victim’s injury or death caused you hardship, you may have a claim of loss of consortium in Texas.

Schedule a consultation with our legal team today to learn more about your options. We listen to your case and help you evaluate your claim. Additionally, our team can help you determine damages and fight to maximize your settlement.

As a trusted personal injury firm across the Greater Houston Area, we are ready to fight for your future. Contact our firm today to schedule a free case evaluation.