Loss of Services
Contact the Law Office of Doug Goyen at (972) 599 4100 to discuss your injury claim and what damages you may be able to recover. In some personal injury situations, you may be able to recover for your Loss of Services. Call our office to talk to a Dallas personal injury lawyer about your case.
Household Services (Husband or Wife Unable to Do Normal Household Duties): Texas law defines household services as those that a husband or wife performs around the home and in caring for the family. Dallas Ry. & Terminal Co. v. Sutherland, 27 S.W.2d 830 (Tex.Civ.App.—El Paso 1930, writ dism’d w.o.j.).
Texas courts have stated that you can introduce evidence of how much it would cost to replace these services, but this does not limit the recovery. Armellini Express Lines, Inc. v. Ansley, 605 S.W.2d 297, 312 (Tex.Civ.App.—Corpus Christi 1980, writ ref’d n.r.e.). You are not required to ask for a specific number if you don’t want to, because a jury is able to ascertain the value of this based on their own personal experience. Arando v. Higgins, 220 S.W.2d 291 (Tex.Civ.App—El Paso 1949, writ ref’d n.r.e.).
A claim for household services is separate and distinct from a loss of consortium claim. Each spouse has a claim for the other’s services both past and future. The recovery is reduced by the amount of contributory or comparative negligence of the injured spouse (if any). Whittlesey v. Miller, 572 S.W.2d 665 (Tex. 1978); Reed Tool Co. v. Copelin, 610 S.W.2d 736 (Tex. 1980).
If you do hire someone to do the work to replace what was lost, you must also prove that the cost was reasonable. Craver-Hicks Bldg. Maint., Inc. v. Vanlandingham, 444 S.W.2d 663, 670 (Tex.Civ.App.—El Paso 1969, no writ). But on the other hand, if you don’t have any bills, or did not actually hire anyone to do the services that the spouse normally did, you are still allowed to recover, and a jury still allowed to award money if evidence introduced and the evidence/claim believed by the jury. Arando v. Higgins, 220 S.W.2d 291 (Tex.Civ.App.—El Paso 1949, writ ref’d n.r.e.)
Services of Minor Child: Texas Family Code section 151.001(5) is a statute in Texas that allows the parents of a minor child to recover for the loss of the child’s services and loss of the child’s earnings during the period of time the child is a minor.
Attorney Doug Goyen has handled personal injury cases as a Dallas personal injury lawyer since 1998, and handled personal injury cases for insurance companies as an adjuster from 1989 to 1997. Call us today at (972) 599 4100 to discuss your situation, and determine what elements of damage that your case may entail.Personal Injury Areas We Help With Are:
Auto Accident and Injury Cases, Personal Injury Cases, 18 Wheeler & Commercial Vehicle Injury Accident Cases, Motorcycle Accident and Injury Cases, Wrongful Death Cases, Pedestrian Injured by Automobile Cases, Slip and Fall & Premises Cases, Workplace & Constructions Injury Cases, Dog Bite Injury Cases, Bicyclers Hit by Automobile Cases .Types of Coverage in Automobile Injury Cases:
Past and future medical bills, past and future lost earning capacity, past and future lost income, past and future physical impairment, past and future disfigurement, past and future mental anguish, past and future pain and suffering, property damage, loss of use of your property - such as rental car bills, storage, total loss of property, diminished value of property, loss of body member (arm, leg, . . .), loss of body capacity (hearing, eyesight, . . . ), loss of consortium (spouse, parental, child/filial), loss of services, emotional/mental trauma (bystander injury), prenatal injury, exemplary damages, prejudgment interest, attorney's fees, and court costs.
By Doug Goyen, firstname.lastname@example.org