What is a “loss of companionship” claim?

A “loss of companionship” claim is a type of legal action that may be taken when a severe brain injury disrupts the bond between family members due to the physical and emotional changes that occur as a result of the injury. It is also referred to as a “loss of consortium” claim, and is a remedy that is recognized under Texas law. A brain injury victim’s spouse or parent may file a claim for loss of companionship when the injured person was unable to provide physical, financial, and emotional support after the injury. The claim compensates the spouse or parent for the lack of companionship, protection, guidance, and emotional support the injured individual can no longer offer. In addition to filing a claim for loss of companionship, other parties such as the victim’s children may also file for loss of parental guidance or support due to the injury. It is important to recognize that the legal action taken due to loss of companionship does not replace the injured person, but instead focuses on the financial damages suffered as a result of the injury. The financial compensation of such a claim therefore serves to help the family cope with the economic losses they experience due to the brain injury.

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What is a “loss of companionship” claim?

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