Loss of consortium

Loss of consortium compensates family members for their own losses

In most states, in a personal injury or wrongful death case the immediate family members of the injured person can file a lawsuit for their own loss. A loss of consortium claim against the defendant is meant to compensate the spouse or family of a person who has been injured or killed due to the negligence or wrongful act of the defendant.

What are the damages that fall within the loss of consortium claim?

Since this type of claim compensates immediate family members for what they received from the person who was injured or killed, including love, affection, companionship, comfort, and sexual relations. The spouse or family member has a claim against the third party for those losses.

How is loss of consortium calculated?

This type of harm falls under the category of general damages, which are non-economic damages, similar to damages for mental anguish, emotional distress, and physical suffering. This type of damage is very difficult to place a dollar amount on, and so it is best to consult an experienced attorney to provide a precise monetary value for a loss of consortium claim.

Who can bring a loss of consortium claim?

Only certain family members are allowed to file such a claim, including spouses, and in some states committed partners or same-sex couples, and children and parents, in some states.

Limitations on a loss of consortium claim

Such a claim may have limitations placed upon it by the law in that state that may require proof of valid, current marriage or other requirements, or by an insurance policy that may cap the dollar amount allowed per accident.

For a loss of consortium claim, it is crucial to find an experienced wrongful death attorney who understands the laws that affect the claim and the limitations of the insurance policy in effect.

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  On January 26, 1993, John Randolph was riding his motorcycle west on the Pacific Coast Highway in the right lane. Fahad Abdullah Maghrabi, an employee of Saudi Arabian Airlines, was stopped on Corral Canyon waiting to turn onto the highway to drive east. According to a police report, Maghrabi, who was driving a rental car from Budget Rent-A-Car, did not see Randolph coming and proceeded into the highway, causing a collision between Randolph's motorcycle and his car. The police report stated that Maghrabi was at fault due to his failure to yield to oncoming traffic.