What is a “loss of consortium” claim?

“Loss of consortium” is a legal term used in Texas to refer to a type of claim that may be made in a brain injury lawsuit. This type of claim is based on the idea that the victim’s loved one may have suffered harm as a result of the injury to the victim. It is separate from the actual harm suffered by the victim. For example, the loved one’s emotional distress, loss of companionship, loss of affection, and/or loss of services may be considered losses of consortium if the brain injury has impacted their relationship with the victim. The amount of money awarded for a “loss of consortium” claim will depend on the specific situation. The duration of the victim’s injury, the impact it has had on the relationship between the victim and their loved one, and the severity of the emotional distress experienced by the loved one are all factors that can be used to determine the amount of money that should be awarded. In Texas, a “loss of consortium” claim must be made within two years of the onset of the injury. This time limit is known as the statute of limitations. If a lawsuit is filed after the two-year statute of limitations, the “loss of consortium” claim may not be included in the lawsuit. It is important for those affected by a brain injury to understand their legal rights, including their right to a “loss of consortium” claim. Consulting with a lawyer who specializes in brain injury law is recommended.

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What is a “loss of consortium” claim?

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