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Do My Children Have a Claim If I Was Permanently Disabled in an Industrial Accident?

If you were severely injured in an industrial accident and that injury has left you with permanent disability, then your children may have a claim for loss of consortium. Whether such a claim is available is dependent on the severity of the injuries you have suffered.

What Is Loss of Consortium?

Loss of consortium is a cause of action available to the spouse and family members of a person who has been severely injured or killed due to the wrongful acts of another. The concept of loss of consortium is that the person who was killed or injured cannot provide his or her family members with the same love, affection, companionship, or comfort that were provided before the accident.

Typically, injuries which may result in loss of consortium damages can included those that result in paralysis, amputation, significant brain damage, or incontinence.

How is Loss of Consortium Measured?

Loss of consortium falls in the realm of general damages, also called non-economic damages, meaning that the loss is not purely financial. In these situations, money is considered to be a rough substitute for the loss suffered. More common examples of general damages include:

  • Pain and suffering
  • Mental anguish
  • Emotional distress
  • Loss or reputation
  • Humiliation and embarrassment
  • Loss of companionship

Because there is no clear financial loss to be considered, it falls on the judge or jury to quantify the damages in terms of monetary value. It is the job of your attorney to demonstrate loss of consortium in a way that helps the judge or jury provide an accurate financial awarded.

How Does Loss of Consortium Relate to Children?

In Texas, children are allowed to recover damages that result from loss of consortium. In such circumstances, a judge or jury may consider the following:

  • Is the injured parent able to provide the same level of care as he or she was prior to his or her injury?
  • Is the injured parent able to provide the same level of nurturing as he or she was prior to his or her injury?
  • Is the injured parent able to provide the same level of affection as he or she was prior to his or her injury?
  • Was the relationship shared by the child and the parent irrevocably altered by the parent’s injury?

What Should I Consider Before Bringing a Loss of Consortium Claim?

Every state has its own unique limitations on when a loss of consortium claim is available and what damages can be recover. For example, you must be able to prove the extent of your relationship to your children or spouse prior to your injury in order to receive compensation.

Further, when bringing a loss of consortium claim, be prepared for private and even intimate aspects of your relationship to the claimant to be put at issue.  You will have to withstand hard questioning during deposition and trial as the defense attorney tries to mitigate your claim.

Additionally, any negative aspects of your relationship, including infidelity, separation, criminal charges, or abuse, will be discussed in font of the judge and jury and will become part of the public record.

Contact and Experienced Personal Injury Attorney

Thomas J. Henry Injury Attorneys is a personal injury law firm with offices in Corpus Christi, Texas, San Antonio, Texas, and Houston, Texas representing accident victims nationwide. Our priority is to provide our clients with the best legal representation. Our experienced trial attorneys are committed to defending your rights in personal injury matters including defective products, recalled drugs, child injuries, and auto accidents.

If you or someone you love has been injured in an accident, contact our offices immediately – we are available 24/7, nights and weekends.

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