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Loss Of Consortium
In a personal injury claim, the victim who suffers injuries directly suffers the most substantial loss of quality of life — but he isn’t the only one affected. These injuries have a direct and unpleasant impact on the victim’s loved ones, especially his spouse or partner.
The legal phrase for the effect an injury has on relationships, companionship, and support lost as a result of an accident is “loss of consortium.” In these instances, the unharmed spouse in a personal injury case has the right to bring a unique claim for non-economic damages.
Are you a family member, spouse, or domestic partner of a person injured and killed by the carelessness of another? Texas Personal Injury Lawyers can file a loss of consortium claim on your behalf to ensure that your family receives compensation.
The legalities of the loss of consortium are convoluted. Texas Personal Injury Lawyers have a thorough knowledge of the ins and outs of the law and will assist you in obtaining a loss of companionship claim right away to get the compensation you deserve.
If you have been hurt in an accident and want to make a loss-of-consortium claim, you should contact a knowledgeable personal injury lawyer as soon as possible. It’s essential to know everything there is to comprehend making this sort of claim. We provide a free consultation so you can have your case evaluated and judged by an experienced professional.
What Is The Procedure For Filing A Loss Of Consortium Claim?
The loss of consortium claims is generally considered non-economic damage. These monetary losses are difficult to assess using hard data such as medical expenses or pay stubs. Rather, a jury calculates these from the injured person’s circumstances and how they influence their relationship with their non-injured spouse or close family member.
The court will evaluate all of the elements considered in loss of consortium claims, such as medical diagnoses, witness statements, and testimony from family members and friends. To properly quantify your loss of consortium claim, you may require the services of an expert witness.
Who Can File A Loss Of Consortium Claim?
In Texas, a spouse of the injured party is generally the only person who can bring a loss of consortium claim. Courts will sometimes allow a kid of an injured parent or parent of an injured child to bring a loss of companionship claim.
In order to prevail in a loss of consortium claim, the spouse of an injured individual must establish:
- The injured party and spouse were legally married at the time of the accident;
- The injured party suffered an injury that qualifies for a loss of consortium claim;
- The loss of consortium was caused by the defendant; and
- The injured party suffered an actual loss of consortium.
A loss of consortium claim exists separately from the injured party’s main personal injury lawsuit. This implies that even if the primary personal injury claim is resolved, the loss of consortium claim may continue until it is finalized. The spouse’s claim, not the victim’s, is at issue in a loss of consortium case.
Is There A Limit To The Amount Of Loss Of Consortium Claims That Can Be Made In Texas?
In Texas, a loss of consortium claim is typically considered a non-economic injury. As a result, the maximum amount that an injured spouse may recover for loss of consortium is generally unrestricted. However, if your loss of consortium was caused by a medical mistake, you may only seek compensation for a certain amount.
The amount of non-economic damages that injured parties in medical mistakes can collect is dependent on who’s responsible. It’s critical to understand your choices if you or a loved one has been hurt in a medical facility and suffered a long-term or permanent injury. We have experienced medical malpractice attorneys on staff to assist you to understand your rights and how much compensation you may be eligible for in a medical malpractice case.
Before You Submit Your Loss Of Consortium Claim, There Are A Few Things To Think About
If you intend to bring a loss of consortium claim, it’s vital to understand what you’re getting into. An insurance company or responsible party will not agree to your request readily. Your marital relationship will be at the forefront of attention. You may be asked unavoidable questions about your personal and sex lives that you may not want to answer.
The goal of the defense attorney in this scenario is to fight against your claim and attempt to prove that you have not lost consortium as a result of the defendant’s actions. As a result, you may find that these questions are tough to answer.
You must also file your loss of consortium claim within a specific time frame. In Texas, the statute of limitations for personal injury claims is two years from the date of the accident. If you do not submit your claim within the specified period, you will lose your right to receive your compensation.
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Call (888) 997-2148 if you are searching for a personal injury lawyer. Texas Personal Injury Lawyers provide free phone consultations. In addition, we supply a free strategy session. The strategy session covers a summary of your case, legal difficulties confronted, and legal issues that we determine to be essential to maximizing compensation owed.
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If we are unable to recover money for you, you owe us nothing. We charge a contingency fee that is designed to take a cut of what we collect. As a performance-based contract, the better we perform for you, the more money we make. This aligns our client’s interests with our own.
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