Have you lost a loved one due to someone else's negligence? You deserve compensation for your pain and suffering. The Francis Law Firm can help. Call today: (817) 663-2065
Losing a loved one is never easy. When a person experiences a 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 allows close family members to sue for damages over “loss of consortium.” This legal action enables those impacted by the injury or death to recover compensation for the personal losses they endure.
If you need help filing a loss of consortium claim, contact our wrongful death lawyers for assistance. We are ready to help you through this difficult 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 compensate for the loss of a relationship as it existed before the accident. These damages may include loss of affection, companionship, emotional support, and sexual relations.
Loss of Parent Relationship
A child can recover damages for the loss of a parent relationship through a “serious, permanent and disabling” injury or death. These damages cover the loss of love, protection, companionship, affection, and care.
However, siblings and stepparent/stepchild relationships are not eligible for loss of consortium damages unless legally adopted.
Loss of Child Relationship
Parents may file a loss of consortium claim if their child dies due to someone else’s negligence. However, Texas courts do not permit parents to recover for non-fatal injuries to their child.
A Texas personal injury attorney can help determine if your relationship qualifies for loss of consortium damages.
Other Damages
Close family members may also claim damages for loss of support and loss of services. Loss of support refers to the financial contributions the injured person would have made, while loss of services includes unpaid household tasks or care provided to family members.
How to Calculate Loss of Consortium Damages
While family members can calculate lost wages and other financial losses, calculating damages for the loss of consortium is more abstract. However, a skilled wrongful death lawyer can help you determine the full value of loss of consortium in Texas.
To assess loss of consortium damages, courts consider factors such as:
- The severity of the injury or whether it resulted in death.
- The relationship between the injured person and the claimant.
- The emotional support and companionship that existed before the accident.
- The impact on the family’s daily life.
Although no financial award can replace the relationship you had with your loved one, compensation for loss of consortium may help ease some of the hardship.
How Our Wrongful Death Lawyers Can Help
If you’ve lost a relationship due to someone’s negligence, you may have a potential lawsuit. Our wrongful death attorneys at The Francis Firm can evaluate your case and help you recover maximum damages for loss of consortium.
As Southlake’s premier personal injury firm, we have over 25 years of experience helping families across Texas. Founding attorney Michael Francis is Board Certified in Personal Injury by the Texas Board of Legal Specialization.
Let The Francis Firm help you secure compensation for your loss of consortium. Call us today for a free consultation, and we will start fighting for what you deserve.