Loss of Consortium: Getting Relief for Lost Loved Ones
September 16th, 2024
If you’ve lost a loved one, no amount of money can make up for the loss. However, under the law, family members may be owed monetary compensation if their loved one was killed due to someone else’s actions or negligence.
If your loved one was killed in a personal injury accident, you may be owed financial relief for the suffering and losses you’ve faced. This type of loss is what is known as loss of consortium. Keep reading to learn more about taking personal injury action to get loss of consortium damages.
What Is Loss of Consortium?
Loss of consortium is the legal term and recognition of the intangible losses faced due to the loss of a loved one. This includes things like a person’s love and companionship, as well as sex and household chores. To access loss of consortium damages, you will need to make a personal injury claim. A personal injury attorney can tell you more about what loss of consortium includes and how to make a claim for relief.
Who Can Make Loss of Consortium Claims?
Unfortunately, there are restrictions on who can file personal injury claims for loss of consortium damages. Only spouses, domestic partners, children, and parents of diseased individuals can make a loss of consortium claim. Even if you relied heavily on the deceased for your everyday needs, you will only be able to make a successful personal injury claim if you fall into one of those eligible groups. If you’re not sure whether or not you’re eligible, you can consult with a lawyer.
How Long Do I Have to File a Loss of Consortium Lawsuit?
If you are the spouse, child, or parent of a personal injury victim who passed away, you will have a limited time in which to file a loss of consortium claim for relief. In Texas, family members have two years from the date of the accident or injury in which to file a claim for their loss. However, there may be exceptions to this rule. Minor-aged children of the injured victim may have until their twentieth birthday in which to file a claim for loss of consortium damages. The non-injured spouse will still only have two years to file their own claim.
To get an exact answer as to how long you have to file your loss of consortium claim, you should consult with a capable personal injury attorney.
How Much Can I Expect for My Loss of Consortium Settlement?
Loss of consortium damages generally include non-economic damages related to the loss of a loved one. Non-economic damages mean losses that don’t have an exact monetary cost. It’s important to note that you can also make a claim for economic damages like medical bills after the loss of a loved one.
Some of the damages that can be recovered in a loss of consortium lawsuit include:
- Loss of companionship
- Loss of household assistance
- Loss of sexual relations
- Loss of shared activities and hobbies
- Loss of guidance or counsel
- Loss of support
- Loss of training or instruction
How Are Loss of Consortium Damages Calculated?
There’s no set equation that is used to calculate damages for loss of consortium in Texas. Instead, loss of consortium damages are often calculated as a part of the total non-economic losses. In Texas, non-economic losses are calculated by multiplying the total economic losses by a figure between 1.5 and 5, depending on the severity of the damages. However, there is theoretically no cap on loss of consortium damages in Texas.
How Do Loss of Consortium Claims Relate To Wrongful Death Claims?
While loss of consortium claims are filed by surviving family members after the loss of a loved one, wrongful death claims are filed by personal representatives on behalf of injured victims after they’ve died. While loss of consortium claims are meant to make up for suffering by the victim’s family, wrongful death claims are meant to make up for wrongful injury against the deceased.
Loss of consortium and wrongful death claims can be filed as a part of the same accident case. In those circumstances, the loss of consortium claim would be derivative of the wrongful death claim. In other words, a spouse’s claim for loss of consortium damages would be filed along with the injured spouse’s claim for wrongful death.
Do I Need a Lawyer to Make a Loss of Consortium Claim?
If you plan on making a claim for loss of consortium damages, whether or not your case involves a claim for wrongful death, you should get help from a personal injury attorney to ensure that you follow the right path forward. Getting loss of consortium compensation can be incredibly difficult, and going at it alone can put your right to financial relief at risk.
If you feel you are owed loss of consortium relief, you can get help from an experienced loss of consortium attorney near you. An attorney can help you determine what you may be owed and how to file a claim to get it.
Get Loss of Consortium Compensation With Help From Ramos James Law
If your parent, child, or spouse died due to the negligence or wrongdoing of another party, you deserve the right to seek justice and financial relief for your losses. Here at Ramos James Law, we know how difficult this time can be, and we will be with you every step of the way to ensure that your rights and best interests are protected.
You don’t have to face the insurance company or the legal system on your own. Get help from the compassionate Austin personal injury lawyers at Ramos James Law, PLLC. We will fight tirelessly to get you the payout you deserve.