Loss of consortium refers to the damages awarded to the spouse or family members of an injured person for the loss of affection, companionship, and support resulting from the injury. It is a legal term used in personal injury cases and is typically awarded in addition to compensatory damages for medical expenses, lost wages, and pain and suffering. The loss of consortium can be temporary or permanent and may include the loss of sexual relations, assistance with household chores, and emotional support. The purpose of these damages is to compensate the family members for the intangible losses they have suffered as a result of the injury.
The concept of loss of consortium recognizes that injuries and death not only affect the victim, but also their loved ones. In Texas, it is an important consideration in personal injury cases.
Loss of consortium claims can be brought by the spouse, children, or parents of a person who has been injured or killed as a result of someone else’s negligence. These claims seek compensation for the loss of companionship, comfort, care, and other intangible benefits that the injured or deceased person provided to their loved ones. Damages can be awarded in addition to compensation for the injured or deceased person’s medical expenses, lost wages, and other economic damages.
To establish a loss of consortium claim in Texas, the plaintiff must show that they had a close relationship with the injured or deceased person, and that the relationship has been negatively impacted by the injury or death. This can include evidence of changes in the quality or frequency of the relationship, as well as evidence of the emotional distress and suffering caused by the loss of the relationship.
Loss of consortium claims in Texas have a two-year statute of limitations, meaning that the claim must be filed within two years of the injury or death. Additionally, these claims can be complex and require the expertise of an experienced personal injury attorney. With that in mind, it is an important consideration in personal injury cases in Texas. It recognizes that injuries and death not only affect the victim, but also their loved ones. If you or a loved one has been injured or killed as a result of someone else’s negligence, it is important to consult with a qualified personal injury attorney to explore your legal options, including a potential loss of consortium claim.
