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What is Loss of Consortium in a Wrongful Death Claim?

What is Loss of Consortium in a Wrongful Death Claim?

The loss of a loved one in a car accident is one of the most traumatic things that a family will ever face. Florida is no stranger to wrongful death lawsuits, as thousands of lives are taken in accidents on our roadways every year. The family of a loved one has a right to financial recovery so that they can move forward during these difficult times. They may be entitled to compensation for loss of consortium, which is a legal term that many are not familiar with.

Understanding Loss of Consortium in Your Claim

When you think of personal injury claims, you typically think of a lawsuit that a victim brings after they have been injured in an accident. However, wrongful death claims differ in the way that spouses, children, and personal representatives of a loved one’s estate bring the claim on behalf of somebody that they have lost. As part of this, they may be entitled to what is known as ‘loss of consortium’ damages.

Loss of consortium damages is typically brought by the spouse or family member of a person who has lost their life due to negligent actions. These damages come into play when a person who has been killed in an accident is no longer able to provide love or companionship to their spouse, children, or other loved ones as they were able to before the accident. Family members are able to compensate for these damages because they are the ones who are suffering these losses.

How Loss of Consortium is Calculated 

What is Loss of Consortium in a Wrongful Death Claim? Loss of consortium damages is entirely unique, which means that they might not be found in every case. They fall under general or non-economic damages alongside those like mental anguish, pain and suffering, and loss of companionship. These types of damages are not like monetary losses, which means that it is not always easy to place a dollar value on them. Often times, it will be left to the discretion of the judge or jury to decide how much you will receive. It is important that family members have a skilled and knowledgeable legal expert on their side who can back up these claims to ensure that loved ones receive the compensation they are entitled to.

Considerations to Make Before Bringing a Claim 

Though it is not the same in every case, spouses and partners are some of the most common individuals who bring these types of claims. By bringing a claim, a spouse or family member must understand that the most private and intimate parts of their relationship will be laid out and made public. If you believe that you can endure scrutiny and questioning relating to your relationship with your deceased loved one, then it is important that you have an attorney on your side to work toward these damages.

How a Florida Car Accident Attorney Can Help 

Our personal injury attorneys at Sheftall & Associates have handled many wrongful death claims in Florida in the past and are dedicated to helping you and your family. We understand that you are likely feeling entirely overwhelmed after you have suffered the sudden loss of somebody closest to you in an accident. With the help of an attorney, you will be able to move forward during these devastating times. Please contact a Florida accident attorney at (904) 575-9026 to find out how we can assist you.