If you recently lost a loved one due to someone’s negligence in Texas, you have the right to sue the negligent person or entity for causing your loved one’s wrongful death. Among a variety of things for which you may be able to receive compensation, you likely can receive damages for your loss of consortium.

As FindLaw explains, loss of consortium means the loss of the numerous intangible things your loved one provided you, such as the following:

  • Love and affection
  • Care
  • Companionship
  • Advice and counsel
  • Guidance

Who can sue

You must be a close family member of the deceased in order to sue for his/her wrongful death. A spouse, child or parent usually files such an action. If the deceased was your spouse, your loss of consortium also includes your loss of your ability to have marital relations with him/her.

Proof of loss

Loss of consortium is one of your noneconomic damages in a wrongful death lawsuit. These are the damages to which one cannot assign a precise monetary value. Consequently, the court must take a variety of factors into consideration when determining their value. If you are the spouse of the wrongfully deceased person, you will need to present evidence of the following:

  • The extent to which your marriage consisted of a stable and loving relationship
  • Your living arrangements with your deceased spouse
  • How much care and companionship you received from him/her
  • How much parenting help you received from him/her
  • How much household help you received from him/her
  • Your spouse’s life expectancy as well as your own

This is educational information only and not intended to provide legal advice.