Loss of consortium is a unique category of compensatory damages, since the right to seek compensation does not belong to the injury victim. Instead, the right to seek compensation belongs to the spouse, children, and/or parents of the victim. Loss of consortium is based on the loss of love, affection, protection, emotional support, companionship and care that can accompany serious injury of a family member. In Texas, a spouse can seek compensation for loss of consortium in most injury cases. A child can seek compensation for loss of consortium in the event a parent sustained a serious, permanent, and disabling injury, or in the event a parent is killed. Finally, a parent can recover compensation for loss of consortium for the death of a child.
Unlike many types of compensatory damages, loss of consortium does not usually require the testimony or opinion of an expert witness. Rather, proving loss of consortium requires the person seeking compensation to tell their story. Photographs and videos depicting the relationship can also help substantiate the loss, and help demonstrate to an insurance adjuster or jury the extent to which a person’s life has been altered because of injury to or death of a loved one.
A special message to the friends and potential new clients of FVF Law:
FVF’s client contract has, for a long time, contained the following termination clause: “FVF Law is a values-driven law firm, and because diversity is a value we support, “good cause” [for termination] shall include any expression by the client of intolerance with respect to race, ethnicity, gender, religion, or sexual orientation.”
Now more than ever, FVF recognizes the global need to combat racism proactively, and to do so with more than just words. This firm was built on the mission of being better. Better lawyers. Better advocates. Better people.
We all know being better requires an ongoing commitment to learning, growth, introspection, and change. We enthusiastically embrace that commitment and hereby pledge to do more than just talk about it. Stay tuned on our blog and facebook page for more about what FVF is doing to back this important global effort.
In the meantime, we would respectfully request new clients who find their own views incompatible with this pledge to consider contacting another firm to handle their case. In any case, we invite you to provide honest feedback by emailing email@example.com.
Josh and Aaron, and all of FVF Law