What is a Loss of Consortium Claim and How Do You Prove It?
Have you ever heard of a “loss of consortium claim?” The loss of consortium claim is a claim filed by the family of someone lost or injured in an accident. An entire family can be torn apart when a loved one is suddenly lost or sustains significant injuries. Loss of consortium refers to the loss of ongoing love and support the family endures when they lose someone close to them or someone close suffers a severe injury due to an accident. The law allows families in this situation to recover financial damages as a means of reparation. Doing so does not repair the damage done or return things to how they were before the accident, but the family is able to recover damages through the legal system.
Who Can Sue for Loss of Consortium?
The sudden loss or injury of someone can be a traumatic experience for many including family, friends, and co-workers. However, the loss or injury of a friend does not legally establish a viable loss of consortium claim. Texas state law limits who is eligible to file a legal claim based on loss of consortium.
Individuals Eligible to Sue for Loss of Consortium Include:
- Anyone that lost a spouse in an accident due to another’s negligence, can sue for loss of consortium on the grounds of lost comfort, solace, companionship, assistance, or affection.
- Any parent who has a child that was injured in an accident due to another’s negligence can sue for loss of companionship and society.
- Any child that lost a parent can sue for loss of consortium based on the loss of emotional support and guidance.
How to Prove You Deserve Damages in a Loss of Consortium Claim:
When considering a loss of consortium claim, the court seeks to establish an idea of the relationship that was lost. They attempt to determine if the relationship was genuine and whether the loss of the relationship or the significant alteration of the relationship due to injury would cause damage. There are no lost wages to consider or medical bills to base damages totals on in a loss of consortium case, so the court turns to evidence offered through testimony.
The loss of consortium claim may seem vague at first glance, but it actually applies to a very limited number of situations. Being a relative of someone killed or injured in an accident is not enough to generate a valid loss of consortium claim. The court looks for specific accounts of love and support to prove the loss. Working with an experienced personal injury attorney can be a big help when attempting to provide the court with the means to understand the relationship you had with the victim of an accident and seek damages from the negligent party responsible for the loss.
If you or your family have lost a loved one or a close family member suffered severe injuries in an accident, we can help you determine if you should seek to recover damages for loss of consortium. Get in touch with the knowledgeable Texas personal injury attorneys at Hudson Law today.