For a majority of those who live in The Woodlands who come to see us here at The Leigh Law Firm following the unexpected death of a loved one, the potential struggles they face by no longer having his or her financial support pale in comparison to what they have lost emotionally. Losing your spouse, parent or child deprives you of the many benefits of his or her companionship. Thus, while a wrongful death lawsuit may seek to fill a financial void, it may also help to address the emotional pain and suffering you are experiencing.
The legal principle of loss of consortium recognizes and values the emotional impact your deceased loved one had in your life (and how his or her loss may affect you going forward). Losing your spouse deprives you of the comfort, solace and companionship he or she provided, as well as the benefits of your sexual relationship. The loss of your child may deprive you of the society and affection that you looked forward to providing as a parent. Losing your parents leaves you without an important source of advice and guidance.
Texas does allow you to seek damages for loss of consortium when pursuing a wrongful death action. Typically, however, such damages are only available to immediate family members (e.g., spouses, children or parents). It may be for this reason that, according to Section 71.004 of Texas' Civil Practice and Remedies Code, you as a spouse, child or parent can initiate action for wrongful death. This is a departure from the standard practice of many other states, which only allow a personal representative to file such a lawsuit.
More information on the damages available from a wrongful death lawsuit can be found by continuing to explore our site.