Losing a loved one due to someone else’s negligence is devastating, leaving surviving family members not only with emotional pain but also significant financial burdens. While wrongful death claims often focus on economic damages, such as medical expenses and lost income, they can also include compensation for loss of consortium—a lesser-known but important legal concept.
Loss of consortium refers to the deprivation of the emotional, physical, and relational benefits that a loved one provided before their untimely passing. This type of claim recognizes the impact that losing a spouse or close family member has on companionship, love, comfort, and even guidance. It is often pursued by spouses but can also be claimed by children or parents in certain cases.
Understanding how loss of consortium is defined, calculated, and compensated can help families seek full and fair restitution. In this article, we’ll discuss what loss of consortium means in wrongful death claims, how courts evaluate these damages, and what factors can influence compensation.
What is Loss of Consortium?
Loss of consortium is a legal claim that seeks to compensate surviving family members for the loss of the emotional, psychological, and personal support that a deceased loved one provided. It acknowledges that a wrongful death affects more than just finances—it disrupts relationships, emotional well-being, and daily life.
Who Can File a Loss of Consortium Claim?
While loss of consortium is typically associated with spouses, some states allow children or parents of the deceased to seek compensation as well. The eligibility depends on state-specific wrongful death statutes. Generally, the following individuals may file a claim:
- Spouses – The most common loss of consortium claims come from surviving spouses who have lost marital companionship, affection, and intimacy.
- Children – In some states, minor children may seek compensation for the loss of parental guidance, nurturing, and emotional support.
- Parents – In limited circumstances, parents may file a claim for the loss of a child, particularly if the child provided care, companionship, or financial support.
How Loss of Consortium is Compensated in Wrongful Death Cases
Loss of consortium is considered a form of non-economic damage, meaning it does not have a direct financial value like lost wages or medical expenses. Instead, courts and insurance companies must assess the extent of the personal and emotional loss and determine appropriate compensation.
Factors That Influence Compensation
Several factors can impact how loss of consortium is evaluated in a wrongful death claim, including:
- The strength of the relationship – Courts will consider how close the relationship was between the deceased and the surviving family member.
- The deceased’s role in the household – If the person who passed away was the primary caretaker, provider, or emotional support system, compensation may be higher.
- The age and health of the deceased – Younger individuals or those in good health before their death often result in higher compensation because their survivors lost more years of companionship.
- The emotional impact on the survivor – Testimony and evidence from the surviving spouse, children, or parents may help demonstrate the depth of their emotional suffering.
- State-specific laws and limits – Some states impose caps on non-economic damages, which can affect the final amount awarded for loss of consortium.
State Laws Regarding Loss of Consortium
The laws governing wrongful death and loss of consortium vary from state to state. Some states impose limits on how much can be awarded for non-economic damages, while others allow broad discretion for juries to determine compensation. Here’s a brief overview of relevant state laws:
- New Jersey: Loss of consortium damages are permitted, but they are limited to the spouse and do not extend to children or parents.
- New York: The state does not allow loss of consortium damages in wrongful death cases; compensation is limited to financial losses.
- Florida: Spouses, children, and parents of minor children may pursue loss of consortium claims, but Florida law caps non-economic damages in certain types of wrongful death cases.
- Ohio: Spouses and dependent children can file for loss of consortium, and compensation is determined based on the circumstances of the case.
Proving Loss of Consortium in a Wrongful Death Claim
Since loss of consortium is subjective, proving its impact requires strong evidence. Plaintiffs may need to provide:
- Testimony describing the emotional and relational impact of the loss
- Evidence of the deceased’s role in providing companionship, support, and love
- Expert testimony from psychologists or counselors regarding the mental health impact of the loss
- Statements from friends, family, or clergy members who can speak to the nature of the relationship before the wrongful death
A skilled personal injury attorney can help gather and present this evidence in a compelling manner to maximize the likelihood of fair compensation.
Call Brandon J. Broderick For Legal Help
If you’ve lost a loved one due to someone else’s negligence, you deserve justice and fair compensation for your emotional and financial losses. Brandon J. Broderick, Attorney at Law, has extensive experience handling wrongful death claims, including those involving loss of consortium.
We offer legal guidance and aggressive representation to ensure that your rights are protected. Let us help you navigate this difficult time and fight for the compensation you deserve. Contact Brandon J. Broderick today for a free consultation and take the first step toward justice.