How Do Texas Courts Calculate Loss Of Companionship in Wrongful Death Cases

If you have lost a family member due to the negligence of another party (whether that is a lone individual or a corporation), you are well within your rights to pursue a claim for wrongful death. This may allow you to retrieve significant damages to cover financial losses, as well as compensation for the mental anguish you have suffered. 

Of course, no lawsuit is going to bring back your beloved family member, but a wrongful death claim can help you to attain a degree of closure. It is also an important means of ensuring the responsible party is found legally culpable for the incident. 

Loss of Consortium- what is the legal definition in Texas?

In the state of Texas, loss of consortium refers to the benefits of a relationship which are lost in the event of a wrongful death. 

An action for loss of consortium may be brought by the victim’s close family, and can cover (for example) a lost spousal relationship or a parent-child relationship. 

Lost spousal relationship

Damages for a lost spousal relationship are intended to provide monetary compensation for the lost experience of the marriage as it was prior to the incident. That might specifically relate to sex, emotional support, affection and companionship. 

Lost parental relationship

If a parent dies or suffers a permanently debilitating injury as the result of another party’s negligence, their child may be able to claim damages for the lost care, affection, love, companionship and protection. These damages for loss of consortium are applicable for biological and adopted children but not stepchildren. Siblings are also ineligible to pursue damages for loss of consortium. 

Lost Child Relationship

Texas state law imposes certain limits on claims for loss of consortium. A parent, for example, is unable to pursue a loss of consortium claim in the event of their child’s debilitating injury, although they are eligible to make a claim in the event of their child’s wrongful death. 

How loss of consortium damages are calculated

Though it is possible to work out the value of lost income, medical expenses, as well as other financial losses in the event of wrongful death, the value of loss of consortium damages can be trickier to establish. However, a wrongful death attorney will have the necessary skillset to assist in these calculations and provide you with a comprehensive evaluation of your potential damages. 

There are a whole host of different factors which need to be taken into consideration when working out the value for loss of consortium damages. Here are some of the key elements:

  • Has the victim suffered a permanent, debilitating injury or death?
  • How much emotional support did the victim provide?
  • How active was the couple’s love life?
  • Has the accident led directly to divorce?

Of course, money can never take the place of a loving relationship. But a fair amount of compensation for loss of consortium can provide a bit of essential support in the aftermath of a traumatic incident. 

Speak to Houston’s top-rated wrongful death attorneys

We’ve got the skills and the resources at our fingertips to assist you in putting together a viable damages claim with a top rated accidental death attorney in Houston Texas that has helped thousands of victims across the state of Texas. We will do everything in our power to get the compensation you deserve, and we operate on a contingency fee basis. That means if we don’t win your case, you don’t pay a penny. So call the Stephens Law Firm now for an initial consultation completely free of charge.