What Types of Losses Are Covered? How Are Damages Calculated?
What constitutes the loss of companionship/consortium when you’ve been hurt in a Texas car, truck or motorcycle accident? Is there a difference between “companionship” and “consortium”? How does a court determine the value of the loss of companionship or consortium in a personal injury lawsuit?
The Prevalence of Motor Vehicle Accidents in the United States
According to data gathered by the Centers for Disease Control (CDC), more than 2.5 million people seek treatment across the United States every year for injuries suffered in a motor vehicle crash. Claims for loss of companionship and/or consortium are a part of virtually every lawsuit arising out of a motor vehicle accident.
Understanding the Loss of Companionship/Consortium after a Texas Motor Vehicle Accident
Though some states use the terms loss of companionship and loss of consortium interchangeably, Texas does not. Instead, the loss of companionship is considered a type of loss of consortium. Texas law defines the loss of consortium to include any tangible benefits of a relationship, including emotional support, guidance and instruction, love, as well as the intimate components of such a relationship. Specifically, that includes not only affection, comfort and solace, but may also cover any household services provided, any shared experiences lost and even sexual relations between spouses or intimate partners. The loss of companionship generally refers to the inability to spend time with a loved one and benefit from their company and companionship.
How Are Damages for Loss of Consortium/Companionship Calculated in Texas?
These types of damages are generally intangible and not readily established with documentary evidence. Accordingly, the courts will often take one of two approaches:
- Multiplying the calculated amount of tangible losses (wages and medical costs) by a factor between 1 and 5
- Assessing a “reasonable” amount for these losses
Let Us Help Protect Your Rights after a Texas Motor Vehicle Accident
At the Law Office of Michael R. De La Paz, we have more than 26 years of experience protecting the rights of personal injury victims in Harlingen, McAllen, Brownsville and Houston, across Texas and nationwide, including people who have been hurt in any type of trucking accident in the Lone Star State. We have a comprehensive understanding of the things that need to be done to help you maximize your recovery. We will use our considerable experience, skill, knowledge and resources to help you get the outcome you want. Free call, text or chat, 24 hours a day, seven days a week–https://delapazlaw.com/.
Handling Car and Truck Accident Claims Nationwide, Including, But Not Limited to Texas, Florida, New Mexico, Illinois and Oklahoma