If you have reason to file a wrongful death lawsuit there are going to be a number of types of damages you may be eligible for. One of them that you may see is loss of consortium. Other types of damages such as lost wages and pain and suffering are clearly understood but it is common for clients to not be familiar with the term loss of consortium.
Read on to get a basic idea of what this entails and who may be eligible to file for damages for loss of consortium. Then contact Law Offices of Fernando D. Vargas at 909-982-0707 if you believe that you are someone who is eligible for these damages. We can start off with a free legal consultation so you will know exactly what your options are.
Loss of consortium means the loss of intangible things from your loved one
Put simply, loss of consortium, from a legal standpoint, refers to the intangible things you have lost from your loved one. For example, you will no longer have their love and affection, advice and counsel, companionship, care, or guidance. If the person who passed away was a spouse, then loss of consortium would also include sexual relations.
While there is no amount of money that can return these things to you or make up for their loss, it is important that any damages you seek include the actual damages that were done to you. If loss of consortium is among them, then it should be listed in your lawsuit.
Not everyone is eligible to file a wrongful death case
Many people believe that if they lost someone they cared about then they have the legal right to file a wrongful death case. This is not true. The person must be a close family member, such as a spout, parent, or child. There are exceptions to this rule so be sure to call Law Offices of Fernando D. Vargas if you are not sure if you are eligible to file this lawsuit. For example, a grandchild can only file a wrongful death case if their grandparent was financial responsible for said grandchild.
How to prove loss of consortium
Loss of consortium is a noneconomic loss, which means that you cannot look at data to see how much money you have lost as a result of loss of consortium. As a result, there are numerous factors that are going to be determined to find the validity of your claim and to monetize it. Some of the things the law takes into consideration include:
- How loving and stable the relationship was
- The living arrangements prior to death
- How much care and companionship the plaintiff received from the deceased
- How much household help has been lost
- How much parenting help has been lost
- The life expectancy of the deceased
This is a difficult time and filing a lawsuit can feel overwhelming. At Law Offices of Fernando D. Vargas, we want you to know that you are not alone. Contact us at 909-982-0707 and we will go over your options during your free legal consultation.
