When a fatal accident claims the life of a loved one, the surviving family members often face both emotional and financial turmoil while attempting to adjust to the life-altering changes. If this accident was caused by the negligence or inattention of another driver, it might be possible to recover monetary damages in a personal injury lawsuit.
Loss of consortium - also called loss of companionship - is a factor in numerous personal injury cases. If you have lost your spouse in a serious motor vehicle accident, it is crucial that you discuss your matter with an experienced New York injury lawyer.
While you might have heard the phrase loss of consortium in a news report, you might not have a clear idea of what the legal concept refers to. In fatal accidents or wrongful death cases, a spouse might be able to prove loss of companionship through the legal process. Numerous factors can go into the determination of the pain and suffering of loss of consortium, including:
- Loss of services: This typically includes calculating the value of the types of chores and responsibilities a spouse had around the house. It can include such diverse tasks as yard work, meal preparation, or caring for the family pets.
- Loss of support: This portion of loss of companionship specifically relates to the financial support the deceased party would have contributed to the family.
- Loss of marital relationship: This is the portion of loss of consortium that most people immediately think about. Love, affection, companionship, and sexual relations are carefully considered here. While it can be a nearly impossible task to put a dollar figure on a couple's relationship, the aspect of loss of companionship is centered on compensating a surviving spouse for his or her loss.
There is no set amount for the damages related to loss of companionship - each case is handled based on the merits of the unique situation. An experienced personal injury lawyer can explain your options and answer your questions regarding the complexities of the legal process.