When it comes to car accident claims, the law attempts to give victims the opportunity to seek compensation for any damages that the incident caused. While some of those losses, like lost wages and medical bills, are relatively easy to calculate, others involve more abstract costs. One of these non-economic damages is known as loss of consortium.
Calculating the monetary cost of a lost relationship can be both difficult and emotionally painful. No amount of money can replace a lost loved one, but with the right representation, you can seek financial relief for the losses you’ve suffered. Today, your esteemed Houston car accident attorneys at Lapeze & Johns, PLLC, will give you a better understanding of how loss of consortium can be calculated for compensation.
What Is Loss of Consortium?
In its simplest form, loss of consortium basically means a lost relationship. This can include a loss through death or a loss through injuries severe enough to fundamentally alter or damage your relationship.
To be more precise, loss of consortium compensation is meant to correspond to the love, companionship, social, or sexual relations that you would have received from your lost loved one had the accident never occurred. While these damages may be available in cases not involving death, you will need to prove that the injuries suffered are severe, long-lasting, or permanent.
Who Can Claim Loss of Consortium?
Generally speaking, loss of consortium claims can only be made by people very close to the victim involved. Originally, only spouses could make this claim, but many states now allow children and parents to also make a claim if their parent or child is no longer able to provide the same level of care or affection as they could prior to their accident.
If you don’t have a close familial relationship with the victim, you may not be able to access loss of consortium compensation. If you’re unsure whether or not you qualify, a car or truck accident attorney can assist you.
How Loss of Consortium Compensation Is Calculated
Loss of consortium is one of the many types of car accident damages that do not correspond to an exact cost. As such, the calculation of these damages is typically left up to the judge or jury to decide. In these cases, an expert may be able to help you determine and prove the amount of compensation that you deserve.
Usually, the closer the relationship, the more compensation will be available. However, if there were significant problems in your relationship, your compensation may be limited or completely unavailable.
Are There Downsides to Loss of Consortium Claims?
In order to bring a loss of consortium claim, you will need to prove that your relationship with the deceased was both valid and worthy. This means that the loss of consortium cases involves sifting through all private and intimate aspects of a relationship. You may have to undergo rigorous questioning by the defense attorneys to prove your claim, something which can be especially painful after a recent loss.
If you or your loved one ever faced any of the following issues, the full details are likely to become a matter of public record as part of a loss of consortium case:
- Criminal charges
- Other marital issues
While you should always have the opportunity to seek the compensation you are owed, it’s worth keeping the process in mind.
Claiming Compensation for Loss of Consortium with a Houston Car Accident Attorney
Losing a loved one in a car accident is painful enough, but unfortunately, the process of seeking compensation for that loss often compounds that pain even further.
If you’ve lost a loved one in a car or truck accident, you need time to focus on healing and spending time with family. You deserve the peace of mind that your rights are being fought for and protected.
At Lapeze & Johns, we’re dedicated to putting the needs of our clients and their families first. If you’re considering seeking loss of consortium damages or other forms of compensation from a car or truck accident, we would be proud to represent you in insurance negotiations or a court of law.
If you’ve lost a loved one in a Texas car or truck accident, reach out to the Houston car accident attorneys of Lapeze & Johns today to find a path forward.