When the wage earner of a family is killed or seriously injured, the entire family suffers an economic injury. They deserve justice that can help them get through this trying time.
A surviving victim has their own claims to file in personal injury or worker’s compensation claims. But in many cases, their spouses, children or even parents are eligible to seek their own damages by filing loss of consortium claims.
What they are and how it works
There is a misperception that loss of consortium claims deals with the absence of a sexual relationship due to the negligence of the person deemed responsible for the injury or accident. While that is indeed true in some cases, that is but one part of a larger claim.
For instance, presumably, you would suffer tangible losses if your spouse were no longer able to contribute in a meaningful way to the relationship or family. Rather than a partner and co-parent, you now have another dependent to care for. That is a loss for which you can seek financial damages.
The losses of children matter, too
Losing a parent or living with one seriously damaged because of someone else’s negligent action(s) is traumatic and its effects extend beyond childhood. These children too, can fight for civil justice for their losses, traumas and other damages.
In Texas, parents may only seek damages for the losses of their deceased (but not merely injured) children.
How to know whether you can file these claims
Learning more about the rights of injured persons and their loved ones after an accident or on-the-job injury here in Texas can help you decide what your next move should be.