Loss of Consortium Claims in Texas

Loss of consortium claims after an injury or wrongful death.

Loss of consortium refers to the deprivation of the benefits of a family relationship caused by a catastrophic personal injury or the wrongful death of a family member. This is just one of the many types of damage claims available in Texas to the victim's family following an accident, injury, or wrongful death caused by someone else's negligence.

There are many different types of damages that result from a serious personal injury or the wrongful death of a loved one. While most people are aware that victims can seek compensation for things like medical bills, pain & suffering, and lost wages, there may exist additional categories of damages that the victim's family may be owed by the negligent party.

In this article we'll take an in-depth look at loss of consortium claims in Texas, what these claims cover, and how they apply to personal injury and wrongful death cases.

What does "loss of consortium" even mean?

Loss of consortium essentially refers to the loss of intangible elements such as affection, assistance, companionship, and society of a spouse or family member due to a disabling injury or wrongful death. Damages for a loss of consortium tend to fall into one or more of the three following categories:

1. Loss of support refers to any loss of financial support that the victim would have contributed to the family income had the accident not occurred. The amount recoverable in these claims is directly related to the amount of financial support and potential income lost.
2. Loss of services refers to a spouse being deprived of their partner's ability to perform normal household duties (e.g., performing chores, supervising the children, etc.) as a result of the injury or wrongful death.
3. Loss of marital relationship refers to all negative marital affects caused by the victim's injury or death. This includes things such as loss of affection, relations, emotional support, companionship, and more. While these types of damages may have no specific dollar value attached to them, we all know they're very important and sentimentally-valuable to any relationship.

The potential value of a loss of consortium claim.

As with any personal injury or wrongful death lawsuit, the only remedy available to the plaintiff bringing a claim is monetary compensation. While loss of consortium claims are not always easy to valuate in terms of money, these are real damages for which you absolutely deserve to be compensated.

The specific things a jury takes into consideration when weighing potential damages for loss of consortium claims will differ based on state law, case law, as well as the facts of your case. In order to determine the potential value of your case, you will need to consult with an attorney.

If your spouse has been seriously injured or wrongfully killed due to the negligence of another person, and you would like to discuss your legal options, we invite you to call us at (214) 651-6100 for a free consultation. We're happy to listen to the facts of your case, explain the options available to you, as well as discuss how we may be able to assist you moving forward.

If we decide to help with your claim, we'll do so under a contingency fee agreement. What this means is that we will handle your claim from beginning to end at no out-of-pocket cost to you. The only way we earn our fee is if we actually win you compensation.