The unexpected loss of a loved one is an emotionally devastating experience that can lead families grappling with profound grief. While no legal action can truly compensate for such a loss, the concept of “loss of consortium” aims to acknowledge the personal and relational impact that death has on surviving family members.
If you have lost a loved one due to someone else’s negligence, compensation may not soothe the pain. Nevertheless, it might help reduce the financial burden on your family and perhaps make it easier to grieve.
Here’s what you need to know about loss of consortium damages.
What is loss of consortium?
Loss of consortium recognizes the intangible losses suffered by surviving family members when their loved one is severely injured or killed due to someone else’s negligence. In wrongful death cases, it specifically relates to:
- Loss of companionship: The deprivation of the deceased’s company, affection and emotional support.
- Loss of assistance and services: The practical help and services the deceased provided to the household or family members.
- Loss of intimate relations: For spouses, this includes the loss of physical intimacy and sexual relationships.
- Loss of love and affection: The emotional bond and expressions of love shared within the family relationship.
These are not the only damages included in loss of consortium. Specific losses will depend on each family’s unique situation and dynamic.
How do courts calculate damages?
Economic damages, such as medical expenses and vehicle repairs, have specific dollar amounts and are easier to compute. On the other hand, noneconomic damages like loss of consortium can be challenging to calculate because of the variables involved.
Usually, it is up to the judge or jury to calculate the amount for loss of consortium damages. They might consider several factors, such as:
- The quality and length of the relationship
- The life expectancy of each spouse
- The deceased’s contribution to the household
Arizona has no cap on personal injury and wrongful death damages. This means you may not face limitations when seeking compensation for both economic and noneconomic losses.
Who can seek loss of consortium damages?
In many cases, surviving spouses are the primary claimants for loss of consortium. Couples with registered domestic partnerships may have similar rights.
Parents and children may also be able to file loss of consortium claims. However, only one person can do so and must act on behalf of other family members.
Consider talking to a wrongful death attorney who can help navigate your family’s legal options. Aside from guiding you through the claims process, they can also provide support during this difficult time.
