When your spouse has been injured in a Texas motorcycle accident, you may have a claim for loss of consortium against the person that caused the accident if your relationship and the benefits of the relationship have been disrupted by the accident.
A loss of consortium claim can be brought by the non-injured spouse as part of the injured spouse’s personal injury lawsuit but is a separate claim. These claims are often thought of as centering on loss of sex life, but cover far more than that. A loss of consortium claim may include loss of sexual intercourse, but could also include damages for loss of companionship, comfort, and services provided by the injured spouse.
Loss of consortium claims are derivative, meaning that the injuries to the spouse had to be the fault of the defendant for the non-injured spouse to have a claim.
It is important to note that, under Texas law, you can only collect loss of consortium damages if your spouse suffered physical injury in an accident. That will not be an issue in most motorcycle accident cases.
One downside to bringing a loss of consortium case is that your personal, sexual history with your spouse may become the subject of inquiry by the defendant’s attorneys. It is important for you to understand that there may be a significant loss of privacy for your and your spouse as a result of adding a loss of consortium claim to your spouse’s case.
If your spouse has been injured in a motorcycle accident, you may have a right to compensation for a loss of their companionship. It is important for you and your spouse to speak with a Houston personal injury attorney with experience litigating motorcycle accident cases as soon as possible after the accident so evidence is preserved and witnesses remember what they saw. Finding the right Texas motorcycle accident attorney can make a big difference in your case. Call us to schedule a consultation with an experienced attorney.