When your loved one is injured because of the negligent actions of another, it can be devastating. Not only can it be upsetting to know they are struggling with their new reality, but you may find that their injuries impact your relationship. It’s imperative to understand that if this is the case, you may be eligible to seek compensation for this loss of consortium. The following blog explores what you must know about these challenging matters and the importance of working with a Tom Green County, Texas personal injury lawyer to explore your legal options.
What Is Loss of Consortium?
At its core, loss of consortium is a damage that the spouse, parent, or child of an injured party can seek. Generally, this loss represents the damages caused by a lack of companionship the injuries inflicted have caused. It’s imperative to understand that this is a non-economic damage, as it represents matters like loss of companionship, affection, emotional support, household services, sexual relations, and parental guidance.
These damages are limited to a short list of impacted individuals. Typically, only spouses, parents, and children are eligible to pursue claims for injuries to their loved ones. While spouses can seek compensation for non-fatal catastrophic injuries and wrongful death, parents are only eligible to seek compensation for this damage in the wrongful death of a child. Children can only seek loss of consortium damages when their parent sustains severe and permanently disabling injuries. Step-parents and step-children are only eligible to pursue these claims if a legal adoption occurred before the injuries.
How Can I Seek Compensation for These Damages?
It’s imperative to understand that recovering compensation for any kind of economic damage can be difficult, especially when you are not the individual who endured the injuries. However, the most important thing to keep in mind is that your case will depend heavily on the outcome of the injured party’s claim. If their case is not successful, then your case against the defendant will not succeed.
Generally, to seek compensation, several elements must be true. These include:
- A valid relationship to the injured party
- The injury is a direct result of the negligent actions of another party
- The injury caused a loss of consortium
- You suffered damages as a result
In addition, the courts will examine several factors related to this matter, including how long and stable the relationship was, what activities you participated in, how your family dynamic has changed, and the severity of the injury.
Seeking this kind of damage can be incredibly difficult. As such, it is in your best interest to connect with an experienced attorney with the Mathis Law Firm, PLLC, to explore your options. Our team can examine your circumstances to determine the best course of action for your unique situation. Contact us today to learn how we can fight for you.
