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When your loved one has passed away due to the negligence of another party, you have every right to seek compensation for all the damages you have suffered. One example of damages you might pursue when your loved one has passed away is the loss of consortium.
Understanding Loss of Consortium
Loss of consortium is one form of damages you may be entitled to if you are a spouse and your loved one has passed away due to the negligence of another party. This provides compensation for the fact that your spouse can no longer provide love, affection, companionship, comfort, or intimacy.
Calculating Loss of Consortium
Damages suffered from a loss of consortium can be difficult to calculate. If your case ends up going to trial, these damages will be up to the discretion of the judge. However, if you will be settling your case out of court, your wrongful death attorney will need to help you come up with a number that will then be used in settlement negotiations.
Qualifying for Wrongful Death Damages
To seek damages for a loss of consortium, your wrongful death attorney will still need to prove that a party is responsible for the death of your loved one. This can be difficult because you will not only need to show that the death of your loved one was caused by the third party but also that they were negligent.
For example, if your loved one developed a tumor as a result of exposure to a chemical released by a product, you may be able to seek compensation for wrongful death if your wrongful death attorney is able to prove that the chemical was known to cause cancer and that nothing was done to warn your loved one of the hazardous product or remove the product from the market.
Proving the Validity of Your Marriage
To receive compensation for loss of consortium, you will sometimes need to prove that you had a valid marriage. Therefore, if you are divorced, you may not be able to receive compensation.
If you will be filing a claim against an insurance provider, you may have a more difficult time receiving compensation for a loss of consortium because the insurance provider might have limits on how much they will pay out. However, you may be able to sue the party that is responsible directly with the help of a wrongful death attorney after you have exhausted their insurance coverage.
Contact a wrongful death attorney for additional information.Share
1 March 2022