What Is Loss of Consortium and How Can You Prove It?

High-impact accidents often result in serious injuries that have lasting repercussions on several aspects of a victim’s life. For example, a severe injury could prevent you from returning to the same career, which can put your family’s financial security in jeopardy.

Debilitating injuries can also place undue strain on your loved ones and impact the personal relationships you have with them. When an accident victim can no longer provide the love, support, or companionship that he or she used to, certain family members can file a claim for loss of consortium

According to the SMU Law Review, spouses, parents, and children can recover damages for loss of consortium in the state of Texas under certain circumstances. If your loved one was hurt because of someone else’s recklessness and you want to hold the liable party accountable for the effect it has had on your relationship, contact the Cooper Law Firm.

You may be entitled to compensation for loss of affection and loss of companionship. A Longview personal injury lawyer will evaluate your case to determine if you have grounds for a claim. Call 903-297-0037 to schedule a free consultation.

What Is Loss of Consortium?

In any loving relationship, each party provides the other with intangible elements like comfort, solace, companionship, society, and affection. When someone can no longer provide emotional support or care because of a serious injury or death, it is called loss of consortium, and individuals have the right to seek compensation for it.

Although money will not restore the relationship you had with your loved one, it can provide some measure of comfort by protecting your financial security while you cope with the burden you must now bear. In the state of Texas, individuals may be able to recover damages for loss of consortium following:

• Their spouse’s serious injuries or death;
• Their parent’s serious injuries or death; or
• Their child’s death.

How Do You Prove Loss of Consortium?

Since loss of consortium refers to the intangible aspects of a relationship, you may be wondering how to go about calculating a fair settlement amount or even proving that you did, in fact, incur such damages. After assessing the case, your personal injury lawyer can help you determine the best way to prove loss of consortium. In general, you can expect it to come down to the scope and depth of your relationship with the injured or deceased individual.

Courts want to see that you and the accident victim had a genuine relationship based on love and trust. For that reason, your own testimony may be the most effective form of “proof.”

It is important to note that as a derivative claim, your loss of consortium claim will correspond directly to your love one’s injury claim. That means if your spouse was partially responsible for the accident, the total damages you can recover will decrease by the same percentage.

If you or your loved one sustained injuries in an accident that another driver caused, contact the Cooper Law Firm. N. Eric Cooper is an accident attorney in Texas who will compassionately represent your interests in both the injury claim and the loss of consortium claim.

Mr. Cooper will gather evidence, interview witnesses, and help you fight for the highest possible payout. Call 903-297-0037 to schedule a free case evaluation.