Texas courts have ruled that spouses, children and parents can recover for the loss of the consortium due to the injury or death of a family member. Loss of partnership is the legal term used to describe the impact that an injury has on relationships, companionship, and support lost due to injury. The uninjured spouse in a personal injury case often has the right to file a separate claim to recover non-economic damages. At Aghabegian and Associates, PC, our experienced personal injury lawyers in Glendale will take the time to talk to you and your family, as well as medical and social experts, to calculate maximum compensation, and we will seek this compensation from the insurance company or in court. When it comes to recovering damages for loss of companionship, it is important to understand that if your relationship had issues before the injury occurred, it may be difficult to prove that an injury substantially affected your marriage.
This is why it is essential to hire an experienced personal injury lawyer in Glendale who can help you file a lawsuit for the loss of a consortium. The loss of the consortium is a type of compensatory damage that can be recovered in a personal injury lawsuit. Claims for the loss of a consortium are usually filed by the spouse or family member of a person who has been injured or killed as a result of the negligent actions of another party. If your spouse loses your personal injury case, you'll be less likely to recover benefits because the court has already ruled in favor of the defendant. Loss of Consortium recognizes these damages and gives loved ones the right to recover monetary compensation from the person or entity responsible for the injuries. Traumatic brain injuries (TBI) are injuries that cause lasting mental problems and can rarely be repaired.
However, unlike most personal injury cases, the person to be compensated is not the victim who was physically harmed or died. A close family member of a victim who has been injured can file a claim for loss of the consortium and who is filing a personal injury lawsuit to recover damages from the responsible party. If you are thinking of filing a claim for the loss of a consortium, talk to an experienced personal injury lawyer. Your personal injury lawyer can help you understand your rights and legal options in accordance with your state's specific laws, even if there are limits on damages.