Section 86.002 applies to a claim for damages made by a claimant other than a convicted person if:
(1) the claimant's right to recovery results from an injury to a convicted person, including a claim for the wrongful death of the convicted person or a claim for loss of consortium with or loss of the companionship of the convicted person; and
(2) the convicted person's right to recovery would be barred under Section 86.002.