Filing Wrongful Death and Loss of Consortium Claims

Feb 10, 2017 — by Gary Zucker
Tags: Wrongful Death Personal Injury

Wrongful DeathIf you lost a loved one due to an injury caused by another party’s negligence, you may have a wrongful death case. Although the loss of your loved one may have brought on unexpected bills as well as the loss of income, it also results in a loss of companionship. As a spouse, son, daughter, or parent, you may have the right to file a wrongful death and loss of consortium claim against the negligent party.

At Gary A. Zucker & Associates in Brooklyn, NY, our attorneys can assist you throughout the legal process to make this difficult time less stressful for you and your family. Contact our law firm today to discuss your potential claim.

What Is Loss of Consortium?

Loss of consortium essentially refers to a person’s loss of companionship when a loved one dies. These are non-economic damages suffered by the deceased’s spouse, partner, child(ren), or parents. Loss of consortium damages may include the loss of:

  • Love and affection
  • Companionship
  • Comfort
  • Nurturing (for children)
  • Sexual relations (for spouses or partners)

Calculating Non-economic Damages

It is difficult to put a price on the cost of losing a loved one. Compensatory, or monetary, damages are more easily calculated because we can look at the cost of medical bills, past paychecks, and W-2’s to determine lost income. Non-economic damages like loss of consortium are more difficult to calculate. At Gary A. Zucker & Associates, we employ financial experts to aid in accurately calculating these damages.

Who Can File a Wrongful Death and Loss of Consortium Claim?

Different states have different requirements for those who can file a loss of consortium claim. Some states only allow spouses to file a claim, while others have relaxed their laws to include unwed partners and same-sex partners. Children or parents of the deceased may also file loss of consortium claims. These claims are based on the loss of care, nurturing, affection, and support due to the wrongful death of the loved one.

Limitations on These Claims

There are limitations to loss of consortium claims. Most states require spouses to show that a valid marriage exists. This means unmarried partners of opposite or same sex, as well as spouses who are divorced, may not file a claim.

Insurance generally has policy limits. These limits place a cap on how much the policy pays per accident. In most cases, you cannot collect more than what is allowed by the insurance company. If, however, the negligent party has significant wealth or assets, you may have the option to pursue greater compensation. Our attorneys can help you determine whether you can collect more than the insurance policy will allow.

Get Assistance with Your Claim

Wrongful death and loss of consortium claims are not only stressful, but they are also complex. You need a skilled team of attorneys on your side to secure the compensation you deserve for your losses. If you lost a loved one due to negligence, contact our law firm to set up an initial consultation.

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