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Can a child sue for parental brain injury loss of consortium?

The consequences of traumatic brain injuries, particularly those that result in long-term or permanent disability of the injured person, are not always confined to the person who incurred the injury. The damage to the relationships of the injured person with his or her loved ones is also something to be considered in any legal action.

Perhaps the most commonly thought of form of damages that can be sought which are relationship-based are loss of consortium damages on the part of a spouse. But what about children? Can they, too, have a cause of action for loss of parental consortium? Texas courts have answered this question in the affirmative.

According to a rule promulgated by the Texas Supreme Court, a child can recover for loss of consortium with his or her parent when a third party has caused serious, permanent and disabling injuries to that parent in such a way as would establish liability on the part of the defendant. The damages that the child can seek to recover include those connected with the loss of the parents love, affection, protection, emotional support, services, companionship, care and society.

Additional factors for the jury to consider in determining how much to awarding damages include how severe the injury to the parent was and its actual effect upon the parent's relationship with the child, the age of the child, the nature of the child's relationship with the parent, emotional and physical characteristics of the child, and whether any other consortium-type relationships are available to the child.

If a loved one of yours has been injured in the form of a traumatic brain injury which results in a form of permanent disability, and you are either the minor child of such person or that person has a minor child, then in addition to damages directly related to the traumatic brain injury itself you and/or the minor child may be entitled to recover damages in connection with the loss of consortium with the injury victim. A Texas personal injury law firm can assist you in identifying all of the potential damages, which may be recoverable in a legal action against anyone responsible for having caused the injury.

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