Can I Sue for Loss of Consortium if My Spouse Dies?
April 21, 2019 | Wrongful Death
If your spouse dies in a severe accident, you could be entitled to loss of consortium damages. Losing a loved one is never easy, but the sudden loss of a spouse can be particularly traumatic and cause a loss of income, a decrease in overall life satisfaction, and other permanent side effects. If your spouse has died because of another person’s negligence, and you need help suing for loss of consortium, an experienced lawyer can prove your eligibility, create a compelling claim to recover damages and negotiate with the other party to recover the highest possible settlement for your family’s harm and losses.
What is the Loss of Consortium?
Loss of consortium, or “loss of affection,” can be claimed by the spouse or life partner, parent, or child of a victim that has died because of another person’s negligence. Although most losses of consortium claims are filed by the spouse of a victim, in some cases they are filed by other immediate family members.
Wrongful death laws vary for each state, but in most states, loss of consortium claims must be accompanied by a victim’s severe personal injury or wrongful death claim, supported by a medical report that confirms the victim’s distress, and filed with the help of a lawyer to produce the best results. If you have suffered a loss of affection since your spouse’s untimely death that was caused by another person’s negligence, and are struggling with the sudden loss of intimacy, you need to speak with a lawyer immediately. An experienced lawyer can determine your eligibility to recover damages on behalf of your spouse and develop a compelling claim to recover the most compensation for the sudden loss of your loved one.
How Can I Prove Loss of Consortium If My Spouse Dies?
Loss of consortium, also known as “loss of affection” or “loss of companionship” can present itself in a variety of ways. Some of the most common examples of loss of consortium include:
- A lack of emotional support and intimacy since a spouse’s death
- Lost wages. When a spouse suddenly dies, this can cause the victim’s surviving spouse to suffer a loss of income, emotional distress, and an overall decrease in life satisfaction
- If there are children involved, and one spouse suddenly dies, the victim’s spouse could experience distress from having to care for the children by themselves
- Being unable to handle household responsibilities without the help of a spouse
- A lack of physical affection since the loss of a spouse
What Damages Can I Recover With a Loss of Consortium Claim?
Compensation for loss of consortium is generally awarded for economic and non-economic damages. If someone’s carelessness has caused another person’s death, this can include compensation for damages such as the loss of emotional and physical intimacy that the victim’s surviving spouse has experienced because of their spouse’s death. In addition to compensation for loss of affection, suing for loss of consortium when a spouse dies can recover compensation for damages such as:
- Medical expenses that the victim experienced before their death
- Lost wages that occurred because of the accident
- Property damages that stemmed from the victim’s death
- Reimbursement for funeral and burial expenses
While the surviving spouse of a victim can recover full compensation for economic damages with a wrongful death claim, some states have a limit on the amount of non-economic damages that are recoverable for wrongful death. If you are unsure of the amount of compensation you are eligible to recover for loss of consortium and other damages for your spouse’s untimely death, hiring a wrongful death lawyer to represent your case can quickly provide information on whether your state has a damages cap and offer a potential outcome for the type of settlement you could be eligible to receive for your spouse’s pain and suffering.
How Can a Lawyer Help Me Sue for Loss of Consortium If My Spouse Dies?
Nothing is more difficult than losing a spouse because of another person’s negligence. If your spouse’s death was caused by medical malpractice, a severe motor vehicle crash, or a pedestrian accident, you could be entitled to compensation for your spouse’s harm and losses caused by the negligent party.
If you are unsure whether you are eligible to sue for loss of consortium, or need help creating a compelling claim, contact the Dixon Injury Firm today to schedule a free consultation and discuss your case with our experienced lawyers. Our Wrongful Death Lawyers are passionate about helping the surviving spouse’s of victims recover compensation for their loved one’s pain and suffering, and are dedicated to doing everything in their power to retrieve the most compensation possible for their clients.