You’re probably familiar with the fact that when someone is injured in an accident and it’s someone else’s fault, the injured party can file a personal injury claim for damages, such as medical bills and pain and suffering. In this scenario, the injured party seeks damages directly from the at-fault party.
What you may not know however, is that injured parties aren’t the only ones who can seek damages in some claims. Depending on the facts of the case, there are situations where the injured party’s close family members can recover damages for what is called “loss of consortium” from the defendant (at-fault party).
Loss of Consortium Explained
A family member, such as a spouse or a child will often seek damages for “loss of consortium” after their loved one has been seriously injured or killed due to a defendant’s negligence. Loss of consortium fills the void for the love, guidance, affection, companionship, comfort, or sexual relations provided by the plaintiff before the accident, but lost because of the injury or wrongful death.
A victim’s close relative may have a claim for loss of consortium against the at-fault party for the losses mentioned above. Typically, claims for loss of consortium are awarded in catastrophic injury cases involving amputation or paralysis and other serious injuries. It’s also awarded in cases where the loved one dies.
Loss of consortium claims are typically filed by spouses, parents and children. Spouses, understandably, lose comfort, guidance, emotional support, affection, and sexual relations. Children lose guidance, support, love, affection, and so much more. For parents, they lose their children’s love and companionship. It may sound strange to seek money when you’ve lost your loved one’s affection, companionship, and guidance, but in our society the closest way to get justice is to seek money damages. Of course, you’d rather have your loved one back and no amount of money can replace him or her or their health, but you may be entitled to something and that may be through claiming loss of consortium. \
Related: What is the Statute of Limitations for Personal Injury Claims in Texas?
When someone you love has been harmed by the negligent acts of another, the law may allow you to seek compensation. To learn more, contact our Plano personal injury firm at (888) 493-6529 today.