When someone is seriously injured in an accident, the impact often goes beyond just the person who was hurt. Spouses and close family members may also feel the effects in very real ways, from changes in companionship to the loss of support in daily life. While no amount of compensation can fully replace what has been lost, the law may allow certain family members to seek damages through a loss of consortium claim.
Keep reading to learn what a loss of consortium claim is, who may be eligible to file one, and how these claims work.
A loss of consortium claim is a type of non-economic damage that certain family members may be able to recover when a loved one is seriously injured or killed because of someone else’s negligence. Unlike damages for medical bills or lost income, this type of claim focuses on the personal impact the injury has on close relationships.
These losses may include the loss of companionship, emotional support, affection, and, in some cases, the loss of a marital relationship. While these harms are not easy to measure, the law recognizes that they can have a serious effect on a person’s life.
A loss of consortium claim is considered a secondary, or derivative, claim. This means it is tied directly to the injured person’s case. In most situations, the injured person must have a valid personal injury or wrongful death claim for the loss of consortium claim to move forward. If the primary claim is not successful, the related claim for loss of consortium will usually not succeed on its own.
A loss of consortium claim cannot be filed by just any family member. Instead, the law restricts loss of consortium claims to certain close family members.
In Texas, a loss of consortium claim can be filed by:
A spouse may file a loss of consortium claim if their partner suffers an injury or is killed in an accident. Spouses may claim loss of love, companionship, and other items that make a marriage unique.
Texas law may allow a child to pursue this type of claim when a parent suffers a very serious injury or death. This can include injuries such as traumatic brain injuries, spinal cord injuries, amputations, and more. Children may recover compensation for the loss of love, support, and guidance that their parent would have provided if not for the accident.
In Texas, parents may seek these damages when their child is killed because of someone else’s wrongful act. If their child survives an accident, a parent may not recover loss of consortium damages even if their child’s injuries are severe or catastrophic.
Because loss of consortium involves personal and emotional harm, strong evidence can be important. These claims are often supported by proof showing how the injury changed the relationship and daily life of the family.
Helpful evidence may include:
This type of evidence can help explain the real impact the injury has had on the family relationship.
Loss of consortium falls into the category of non-economic damages. This means that these damages do not have a specific value, but they must be estimated based on the factors of your case.
It can be challenging to put a monetary value on the loss of love, companionship, or guidance provided by your spouse or parent. An experienced personal injury lawyer can help put a proper value on your claim to ensure that you are getting all the compensation you deserve.
Thinking about legal deadlines after an injury to a loved one may seem overwhelming. However, missing the deadline for your claim may completely bar you from recovering any compensation for your losses.
In Texas, the deadline to file a loss of consortium claim is typically two years from the date of the accident. Since there are some situations in which the deadline could be different from the general rule, you should always seek advice from an experienced lawyer as soon as possible.
If your spouse, parent, or child has been hurt or killed in an accident, you may be wondering where to turn for help. Thankfully, you do not have to go through this difficult situation alone. The team at McMinn Personal Injury Lawyers can answer all your questions and help you through every detail of your loss of consortium claim.
Contact us today to schedule a free consultation at (385) 462-7630 with an Austin personal injury attorney who is ready to help.