Can You Recover for Care Given by a Family Member After an Accident in Texas?

In Texas, you may be able to recover for nursing and medical care provided by a family member after an injury. Texas law allows for the recovery of the reasonable value of nursing care, even if it is provided gratuitously by family members, as long as the care is of the type that is customarily performed by professional nurses. Oil Country Haulers, Inc. v. Griffin, 668 S.W.2d 903, Ft. Worth & D. C. R. Co. v. Walker.

The plaintiff must prove the quality, amount, and reasonable value of services through expert testimony on local fee schedules.

However, there is no recovery for services that one spouse or relative would ordinarily render to one another.

Household Services Provided by a Family Member

How about household services, such as cooking, cleaning, yard work, and caring for children?

You may also be able recover for household services provided by a family member after an injury in Texas.

Texas law allows recovery of household service values, even when family members provide them for free. Juries can determine the value of these services based on their judgment, and evidence of domestic help costs is admissible but not required.

In the case of In re Rudolph Auto., LLC, 674 S.W.3d 289, the jury awarded $150,000 for future household services and personal care to be provided by a family member for the benefit of the injured party. Texas courts compensate for household services provided by family members due to injury.

Additionally, in Port City Lumber Co. v. Markell, 9 S.W.2d 449, the court discussed the necessity of proving that the amount paid for household services was reasonable and that such services were necessary due to the injury. This supports that Texas law allows reimbursement for reasonable, necessary household services provided by family members.