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What does loss of consortium mean?

If you or your spouse becomes injured in a Texas car crash or if (s)he dies as the result of someone’s negligence or misconduct, you have the right to sue the responsible person and/or entity. As FindLaw explains, one of the things for which you can sue is loss of consortium, i.e., your loss of the intangible benefits (s)he provided you or you provided him or her prior to the accident.

Loss of consortium includes a wide variety of things, including the following:

  • Loss of your spouse’s love and affection
  • Loss of his or her companionship
  • Loss of his or her care
  • Loss of his or her guidance
  • Loss of his or her advice and counsel
  • Loss of your ability to have marital sexual relations with him or her

Proving your loss

Loss of consortium is a noneconomic loss, meaning that no one, not even you, can place a precise dollar value on it. Consequently, the judge or jury will take numerous factors into consideration when determining the validity of your claim and its consequent amount, such as the following:

  • The stableness and lovingness of your marital relationship
  • What living arrangements existed between you and your spouse prior to the accident
  • How much care and companionship the two of you received from each other
  • How much household help the two of you gave each other
  • How much parenting help the two of you gave each other
  • The respective ages and life expectancies of each of you

While no amount of money can ever truly compensate you for the loss of consortium of your spouse, winning a personal injury or wrongful death lawsuit can help you gain closure and also provide you with a sense of justice. This educational information is not legal advice, but it can help you understand loss of consortium and the factors involved therein.

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