In Texas, negligence and misconduct have consequences. Someone who gets injured by another person has the right to seek justice in the form of financial compensation for their related losses. This may include loss of consortium damages, or compensation to make up for the impact an injury has had on the victim’s relationships with others.
If the injury resulted from a serious accident, an experienced Austin personal injury attorney
can evaluate whether loss of consortium damages apply.
What Is “Loss of Consortium?”
“Loss of consortium” in a personal injury case refers to a legal claim that can be filed by a surviving spouse or family member to seek financial compensation for the loss of personal benefits that the claimant used to enjoy from his or her relationship with the victim prior to the incident.
It can cover the loss of:
- Company or companionship
- Personal and emotional support
- Love and affection
- Physical intimacy
- Care and assistance
- Practical support and household contributions
- Parental guidance and involvement
Loss of consortium is a type of non-economic damage in a personal injury case. This means it addresses the intangible losses caused by the injury. The purpose of this type of financial recovery is to compensate for the lost physical and emotional benefits of a relationship caused by an injury.
The Connection Between Loss of Consortium and Catastrophic Injuries
Loss of consortium damages are common in catastrophic injury cases, where an injury is severe enough to take away the victim’s ability to interact with his or her loved ones the same way as before. Injuries such as traumatic brain damage, a spinal cord injury resulting in paralysis or amputations may give rise to a loss of consortium claim, as can the wrongful death of a spouse, child or parent.
Who Can Seek Loss of Consortium After a Catastrophic Injury in Texas?
Anyone whose life has been deeply impacted by a loved one’s severe injury or death can submit a claim for loss of consortium damages in Texas. They may arise as part of a personal injury or wrongful death claim in Austin. Primarily, loss of consortium damages are awarded to the spouse, domestic partner, children or parents of the injured or deceased person.
| Claimant | Eligibility |
|---|---|
| Spouse | Most common claimant |
| Domestic Partner | May qualify depending on circumstances |
| Children | Loss of parental guidance and support |
| Parents | Loss of companionship and care |
How Is Loss of Consortium Calculated?
As a type of non-economic damage award, loss of consortium can be difficult to quantify when it comes to calculating a settlement. It is a highly personal and intangible type of loss. The factors considered when determining a fair value in loss of consortium damages include the severity of the victim’s injuries, the nature of the relationship involved in the claim, and any permanent or long-term disabilities caused.
Proving Loss of Consortium in Catastrophic Injury Cases
To successfully recover loss of consortium damages in a catastrophic injury case, you or your personal injury lawyer must prove using credible evidence that the victim’s injury has materially damaged your relationship with them. You must show that the permanent injury, disability or disfigurement has substantially altered things for you and your family in relation to the injured person.
It can be difficult to place a monetary value on the personal losses you’ve suffered due to a catastrophic injury, including your pain, suffering, emotional distress and loss of consortium. An attorney from FVF Law Firm – Injury & Wrongful Death Lawyers can help you seek maximum compensation for loss of consortium in addition to your other economic and non-economic damages. Learn more during a cost-free case evaluation at FVF Law Firm.
