Proving Loss of Services in a Personal Injury Case
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. 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.
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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.
Call For A Free Case Review (972) 599 4100
Attorney Doug Goyen has handled personal injury cases as a personal injury lawyer in Dallas 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.
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Client Reviews
★★★★★
You want a great lawyer who keeps you informed on whats going on speaks with you personally and gets the job done call Doug Goyen. He is excellent & very professional you wont go wrong choosing him!! Thanks again for all your help Mr. Goyen! Socorro V.
★★★★★
Very efficient staff. I am VERY pleased with this firm. Gina W.
★★★★★
Very professional job handling my accident claim. I had some ER bills, and some visits to my ortho after (and various other bills that kept coming in). I was afraid I was going to get stuck owing money, but Doug Goyen took care of the case and had everything paid, including compensating me for the injury. Great lawyer IMO. I felt like my case was taken care of very well. Thx!! Bernard M.
★★★★★
Doug is a great attorney. He took care of my auto accident claim promptly, and answered any questions I had. I also had one of my hospital bills go into collections for non-payment. I was able to contact Doug a year after the accident, and received a copy of the check the hospital claimed they didn’t receive. I highly recommend this guy. David J.
★★★★★
The Law Office of Doug Goyen helped me recovery every bit I was owed on my claim. Very happy I used them. They knew what they were doing, and kept me informed. I felt taken care of the whole way. You wont go wrong using them. Arthur H.
★★★★★
Mr. Goyen helped me take on my own insurance company, the great and mighty Allstate. My prior firm basically dumped me, with a permanent injury because the case didn’t meet their financial guidelines for a settlement. I was a bicycle rider hit by a car driver at an intersection, and Allstate was the company on BOTH SIDES OF THE CLAIM. My own insurance company tried to throw me under the bus to limit their payout! Without Mr. Goyen’s help, I would have been left with NOTHING! I had thousands of dollars in unpaid medical bills, unable to receive treatment to correct the issue. He was unafraid and helped me get the best settlement I could … I am tremendously thankful! Pamala M.