Plano Wrongful Death Lawyer Richard Armstrong comments: a great many damages sustained by wrongful death victims are intangible.
“Many of the things we take for granted in a loved one are difficult or impossible to quantify when they are gone,” says Armstrong. “Such things as loss of a mother’s gentleness, a father’s wisdom, a gifted child’s future, or a wife or husband’s affection can never be replaced. However, in addition to tangible damages such as past and future loss of income and earning capacity, Texas law recognizes a right to recover for the loss of spousal and parental “consortium.” See Reagan v. Vaughn, 804 S.W.2d 463, 466 (Tex. 1990). When a surviving spouse sues for loss of consortium of the deceased spouse, care should be taken not to view too narrowly this element of damages. For example, many attorneys consider “loss of consortium” damages as solely damages for lost sexual activity due to the absence of the deceased husband or wife. While this is part of a loss of consortium claim, the term also refers to the loss of care, companionship, and affection between the deceased party and spouse, irrespective of the loss of sexual activity. According to the Texas courts, spousal consortium “primarily consists of the emotional or intangible elements of the marital relationship.” Whittlesey v. Miller, 572 S.W.2d 665, 666 (Tex. 1978). A spouse may recover for the loss of the injured (or deceased) spouse’s affection, solace, comfort, companionship, society, assistance, and sexual relations necessary to a successful marriage.
A strong word of caution is in order, however. “Once a surviving spouse puts in issue loss of consortium, it is fair game for opposing counsel to ask questions about sexual relations in a deposition,” says Armstrong. “This is risky both for the lawyer taking the deposition and for the surviving spouse being deposed, but may be worth the risk. They simply need to be aware it will probably occur.”
Wrongful death litigation is challenging to the Plaintiff, and frequently hard-fought by defending insurance companies. It is not for the timid at heart. However, many decide to undertake it as much for the desire to send a message to the negligent manufacturers, businesses and individuals as for the recovery it affords. There also exists the possibility of pursuing a “survival” action on behalf of the estate of the deceased.
Fatal accident invoking wrongful death claims can be the result of car or trucking accidents, oil and gas field accidents, construction site accidents, medical negligence, and unsafe products of all types, including pharmaceuticals. Surviving spouses, children, and parents may make a claim.
Armstrong the Law Firm has Plano Wrongful Death Lawyers with nearly thirty years of experience in handling personal injury litigation. It also practices in the business and commercial litigation arena.