What is a “loss of companionship” claim?

In Arkansas, a “loss of companionship” claim is a type of damages claim available to family members of a person who has suffered a brain injury. This type of claim seeks to compensate a family for the loss of companionship and other forms of emotional support that the injured person provided to them prior to the injury. Usually, a family member must prove that the injured person provided them with emotional support and guidance and that the injury has caused that support to be removed. The types of damages that may be awarded in a loss of companionship claim can vary. Generally, these types of claims are intended to restore the emotional benefits that the injured person provided, such as love, affection, guidance, comfort, and companionship. Additionally, the claim may provide damages to the family for the loss of financial support from the injured person, such as childcare or financial contributions. Loss of companionship claims can be difficult to prove and are not always successful. In order to be successful, the family must be able to show that the injury has caused the loss of the emotional or financial support that the injured person provided prior to the injury. Additionally, the family must have been financially and/or emotionally dependent on the injured person and must be able to show that the injury has caused them to suffer from the loss of that support.

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What is a “loss of companionship” claim?

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