Wrongful Death and Loss of Consortium
Any death can have a devastating effect on surviving family members. A wrongful death can be especially heartbreaking, because it is sudden and unexpected. A death that is caused by the reckless or negligent actions of another person or party often results in costly financial losses for the deceased’s family. However, there are non-economic damages that should be acknowledged as well.
Wrongful death attorney Roger “Rocky” Walton understands that the emotional damages of a wrongful death, including loss of consortium. He works to get our Arlington, TX, clients the full amount of compensation they are due for damages related to wrongful death and the loss of consortium.
What Is Loss of Consortium?
Loss of consortium is a legal term that refers to the loss of relationship benefits stemming from catastrophic injuries or death. Loss of consortium is similar to a pain and suffering claim, but it covers the emotional pain and suffering experienced by the family members of the injured or deceased, rather than by the injury or death victim.
The areas of loss or damage covered by a loss of consortium claim vary based on the type of relationship that existed prior to the death. Depending on if you have lost your spouse, parent, or child, loss of consortium may refer to a loss of:
- Emotional support
- Household assistance
- Sexual relations
- Physical affection
Who Can File for Loss of Consortium Damages?
Each state has its own laws regarding who can file a claim for loss of consortium damages. In many states, only the spouse of the deceased or someone in a domestic partnership with the deceased, can make a loss of consortium claim. However, in Texas, a wrongful death claim involving loss of consortium can be filed by the spouse, domestic partner, child, or parent of the deceased.
What Is Loss of Consortium Worth?
Loss of consortium damages are not quantifiable like the economic losses that stem from a wrongful death case. However, loss of consortium dramatically impacts the way of life for surviving loved ones after a wrongful death. It is important that these types of losses are taken just as seriously as the economic losses in a wrongful death case.
As with other wrongful death damages, the worth of loss of consortium damages vary in each case. The value of loss of consortium damages are impacted by factors such as:
- The quality of the relationship that existed
- The degree of the deceased’s household involvement/assistance prior to death
- The intimacy of the relationship
- Whether the couple planned to have children
- The life expectancy of the deceased and age at the time of death
Placing a value on these non-economic losses is not easy, but Rocky Walton has the knowledge and experience to calculate loss of consortium damages so that our Arlington clients get just compensation for their emotional pain and suffering.
No amount of money can make up for the pain caused by the loss of a loved one. However, it is important to hold liable parties accountable for the economic and non-economic losses they have caused. If you’d like more information about filing a wrongful death claim, send us a message at your earliest convenience or call (817) 429-4299 to schedule a consultation with Roger “Rocky” Walton.