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What is loss of consortium in a car accident case?

On Behalf of | Jan 22, 2021 | Car Accidents |

If you have a serious car accident, you may expect to suffer many different injuries. For example, you may develop whiplash, break bones or even experience paralysis. If a member of your family sustains a life-altering injury, you may also have loss of consortium.

While it sounds technical, loss of consortium is simply the intangible things you miss out on after a loved one suffers an injury or dies in a car crash. These may include loss of love, affection, companionship, household help and even financial support.

A separate claim

If your spouse or child has a catastrophic injury after a car accident, he or she may file a personal injury claim. Your loss of consortium claim is a separate one, as you have your own set of damages. Because of the statute of limitations, you may have a limited time to prove you have lost consortium because of the injury someone caused to your loved one.

Monetary damages

While your family member’s injury may improve with time, medical care and rehabilitation, your relationship may never return to its pre-accident state. While a claim for monetary damages may not fill the emotional void you feel, it is the way Texas law typically facilitates compensation for car accident victims.

How much your claim is worth probably depends on a few factors, including the nature of your relationship and the support your loved one has provided. Ultimately, though, when you sue for monetary damages, you boost your chances of receiving the financial compensation you need to cope with your new way of life.