Any car accident has the potential to turn your life upside down. If you were injured, you may be able to recover compensation. Call the Law Office of Doug Goyen at (972) 599 4100 for a free consultation with an auto accident lawyer in Dallas. Our attorneys have been fighting to protect the rights of injured accident victims like you since 1997. We understand how valuable money can be in the aftermath of a devastating crash. That is why we will go above and beyond on your behalf to obtain a settlement or award. We’ll fight to get you the maximum amount of money you’re owed, including your loss of services from your auto accident case.
Loss of Services from Accidents – Household Services
Household services are those that a husband or wife performs around the house and in caring for the family, according to Texas law. Dallas Ry. & Terminal Co. v. Sutherland, 27 S.W.2d 830 (Tex.Civ.App.—El Paso 1930, writ dism’d w.o.j.).
According to Texas courts, you can present evidence of how much it would cost to replace these services, but this does not limit your 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 request a specific number if you do not wish to, because a jury can determine the worth 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 distinct from a claim for loss of consortium. Each spouse has a claim on the other’s past and future services. The amount of contributory or comparative negligence of the injured spouse is deducted from the recovery (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 hire someone to replace what was lost, you must also demonstrate 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). However, if you don’t have any bills, or if you didn’t actually hire anyone to do the services that the spouse normally did, you can still recover, and a jury can still award money if evidence is presented and the evidence/claim is 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 Texas statute that allows the parents of a minor child to recover for the loss of the child’s services as well as the loss of the child’s earnings while the child is a minor.
Attorney Doug Goyen has handled personal injury cases as a Dallas personal injury lawyer since 1997, and as an adjuster for insurance companies from 1989 to 1997. Call us today at (972) 599 4100 to discuss your situation and determine what elements of damage may be involved in your case.