Loss of Consortium: What It Is & How You Can Get Compensation
by lauraramos | February 16th, 2023 | Accidents
After a loved one is injured or killed as a result of an auto accident, you’ll be feeling the effects for years. Even if your loved one survives, permanent disabilities can result in a massive shift in your relationship.
Texas allows for the family of a victim to bring a suit for loss of consortium. These types of personal injury lawsuits allow you to recover from both financial and emotional damages.
Your Austin attorney at Ramos James Law wants to inform you about the concept of loss of consortium and how you may be able to receive personal injury compensation via this form of legal compensation following a personal injury lawsuit.
What Is Loss of Consortium in Texas?
Loss of consortium in Texas refers to the loss of support in personal relationships between specific family members. Loss of support can refer to financial and emotional support.
In loss of consortium claims, individuals can also sue for damaged relationships, which can be the result of death or severe injury.
The main standard in this type of claim is that the relationships between the victim/decedent and their family members have changed, affecting the parties negatively.
Who Can Claim Loss of Consortium?
In Texas, only limited family members have the right to file this type of personal injury lawsuit. Generally, those who can claim loss of consortium include:
- a spouse can file if the victim suffered an injury that affects their relationship or if there a was loss of life
- children can also sue for loss of consortium to recover the loss of protection and care provided by the parent
- parents can also sue for the loss of a child, but only under a wrongful death lawsuit
How To Calculate What’s Owed
It can be hard to put a number on the loss of a loved one and, unfortunately, the court system does not have a great methodology by which to compensate families for the loss of a relationship.
Compensation can be more readily determined for real damages like medical costs, funeral costs, and lost wages. These can be more easily calculated as the numbers are much more available to the courts.
However, family members can also receive compensation for intangible factors, such as emotional and mental damages caused by the situation. For instance, a spouse can file for loss of consortium if they can’t enjoy the same level of intimacy or if the personal injury accident resulted in a divorce.
If you aren’t sure what you will be able to recover, it is in your best interest to reach out to an Austin lawyer for guidance.
Loss of consortium compensation is ultimately meant to help you recover after the loss of a loved one. Having stable finances can help you recover and move forward.
How Our Austin Attorneys Can Help
It isn’t easy to navigate the legal system at the best of times. It only gets worse when you’re in mourning or trying to adjust to your loved one’s new normal.
But you don’t have to go at it alone.
An experienced personal injury attorney can help you get the justice and compensation your case deserves. If you didn’t know that your case could fall under loss of consortium, you may not calculate this into your lawsuit. Contact Ramos James Law to learn more about loss of consortium and to get started on your claim.