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How do you prove loss of consortium following a fatal accident?

On Behalf of | Apr 6, 2018 | Fatal Motor Vehicle Accidents |

We never like to think about losing a loved one. And if we had to think about this tragic moment, we would presume it would happen later in life, once an individual has lived a full life and is old in age. Unfortunately, this is not always the case. Some individuals are taken away from us far too soon and at the hands of a negligent driver. Fatal motor vehicle accidents are not only unexpected but are also the cause of major losses and damages suffered by the surviving family members.

The sudden loss of a spouse, significant other or parent can cause much devastation. Suffering the loss of a loved one is challenging, but dealing with the damages associated with this loss can be overwhelming. One of these losses is known as loss of consortium.

How do you prove loss of consortium following a fatal accident? To begin, this action can only be brought by close family members, which typically includes a spouse, parent or child. Although a spouse typically seeks this damage, it can also apply to the relationship between a parent and child. Loss of consortium is also known as loss of affection or the loss of companionship. This loss refers to the deprivation of benefits experienced by the married life or parenting. Examples include the loss of the ability to experience affection, love, companionship, parenting, care or sexual relationships.

This type of loss is a noneconomic damage, and when a person claims this loss following a fatal accident, the court will consider various factors. This includes whether the marriage was a stable, loving relationship, the living arrangements of the spouses, how much care and companionship the spouse received and the life expectancy of the spouse.

No one expects to experience such great loss; however, unexpected accidents can occur. Thus, when a fatal accident happens and a negligent party is to blame, a wrongful death action is possible, helping surviving family members recover damages and losses.