What Does it Look Like to Recover Loss of Spousal Services?
We get calls all the time by people asking how to recover damages following the wrongful death of a loved one. We're sorry that you're going through this process, but we hope we can help shed some light on this area of the law.
In this article, we'll look specifically at wrongful death claims, recovering loss of spousal services, and how to proceed after reading this article.
A Quick Word about Wrongful Death Claims
Wrongful death claims result when a loved one dies as a result of the negligence of someone else. So that the courts are not overrun with claims from any and all family members, they created a statute. The state of Texas has the Wrongful Death Act. In this act, the law states that only certain family members are considered statutory beneficiaries. Only these parties have the appropriate legal standing to file a claim. These include:
- Parents of the decedent
- Children of the decedent
- Spouse of the decedent
There are a wide variety of damages that the court recognizes as possible means by which to recognize and help you recover your losses. One of these losses is Loss of Services. If you are a spouse filing a claim on the behalf of your deceased loved one, this is a damage available to you through a wrongful death claim.
What we Mean by Loss of Spousal Services
A spouse can recover damages for the loss of the deceased spouses' services. This includes household and domestic services. Think about it, your life has been dramatically altered through this loss. Maybe your spouse did things like:
- cleaned the house
- did the shopping for groceries
- managed pets
- paid the bills
- prepared your taxes
- did repairs around the home
These are services that are no longer being provided for, and the state of Texas recognizes this as a sincere and tangible loss. Now, you still have the burden to prove your losses to the jury. Loss of Services is a highly subjective category and the jury is given a fairly wide berth when it comes to deciding how much you should be awarded.
This is why it is so important to get in touch with an attorney early on that has experience handling wrongful death claims. They'll be able to guide you through the entire process, tell you what kinds of documentation and evidence is needed in order to prove your losses, and answer your questions regarding the claim.
Help, I Still Have More Questions
At Grossman Law Offices we understand that wrongful death claims are a complex subject. Luckily, we know this area of the law almost better than anyone. Not only that, we have over 25 years of experience handling negligence claims, and we're more than happy to help you with whatever questions you may have. You can reach us at (855) 326-0000 whenever is convenient for you. We have experienced attorneys available to speak with you 24/7. You don't have to worry about business hours with us, we make ourselves available to our clients.