Loss of consortium is a term used in the legal space to describe a spouse’s inability to fulfill their intimate and emotional marriage duties after they have suffered physical injury or emotional trauma in an accident. If you or a loved one has been involved in a personal injury accident that has led to the loss of consortium, you have a right to seek compensation for this immense loss. To ensure you are able to get the fair compensation you are owed, it is important you understand how loss of consortium is calculated in a personal injury claim.

The Texas personal injury lawyers at Byrd Davis Alden & Henrichson, LLP are dedicated to helping clients pursue damages they are owed after a personal injury accident has left them, or a loved one, injured. If you or a loved one have suffered loss of consortium due to the negligence of another party, you have the right to pursue justice.

What Factors Are Considered When Calculating Loss of Consortium?

Loss of consortium is considered a non-economic damage, making the actual value of this damage subjective to the unique factors of your case. While there is no set amount one should expect to receive and no specific formula to actually calculate the amount you may be eligible to recover for loss of consortium, an experienced Texas personal injury lawyer can help value these losses and negotiate for the fair compensation you are owed. 

The factors that may be used to calculate the value for loss of consortium in your Texas personal injury case are as follows:

• Activities shared before the injury
• Age, health, and life expectancy of the victim
• How severe the injury is and the long-term prognosis for recovery, if full recovery is possible
• The family relationships at the time of the accident
• The individual’s contributions to the family, like any income or homemaking duties
• The stability and length of the marriage living arrangements before the injury occurred

If your spouse has suffered an injury that has led to the loss of consortium, you have the right to pursue justice and fair compensation by filing a claim. To ensure you are able to get the best possible settlement for your case, contact a Texas lawyer as soon as possible.

Proving Liability in a Personal Injury Claim After Loss of Consortium

After suffering loss of consortium due to a personal injury accident, one of the most important steps when filing a claim is to prove the liability of the at-fault party. Proving liability ensures not only that victims get the fair compensation they are owed but also that the liable party will be held responsible for their negligence. 

To prove liability, a lawyer will collect evidence of the four factors of negligence:

• The liable party owed the victim a duty of care
• The duty of care was breached
• The breach of duty led to the accident and subsequent injuries
• Losses were suffered, like loss of consortium and other damages

To begin building your personal injury claim after loss of consortium due to another party’s negligence, contact a Texas attorney today.

Pursue Justice for Loss of Consortium With the Help of Byrd Davis Alden & Henrichson, LLP

Byrd Davis Alden & Henrichson, LLP is a team of personal injury lawyers with more than six decades of experience helping clients in Texas get the justice they deserve. If your loved one suffered loss of consortium due to a personal injury accident, we can help you pursue the fair compensation you and your family may be owed.

For more information regarding loss of consortium and how to calculate this damage or to schedule your free consultation, complete our contact form or call us at (512) 253-3948. Take the first step toward protecting your rights and securing justice by contacting Byrd Davis Alden & Henrichson, LLP today.