What is a “loss of companionship” claim?

A “loss of companionship” claim is a type of legal action that can be taken by a family member when a loved one has suffered a brain injury. In Mississippi, the claim is known as a “loss of consortium” claim and is a type of lawsuit that is available for family members of a person who has suffered a traumatic brain injury. The claim is intended to help compensate the family member for the lost companionship of their loved one. In a “loss of companionship” claim, the family member may seek compensation for the loss of physical and emotional companionship that was lost due to the injury. This can include the loss of the loved one’s presence in the family, such as the inability to share hugs, conversations, joint activities and more. It can also include the loss of tangible financial contributions the injured person would have provided to the family. In addition to a “loss of companionship” claim, families of those involved in brain injury cases may also be eligible to seek economic damages, such as medical bills, lost wages, and expenses related to the injury. These damages are typically easier to prove, as well as being easier to calculate. In order to pursue a “loss of companionship” claim, a family must be able to prove that they had a close relationship with the injured person that was affected by the injury, as well as the family’s severe emotional distress due to the loss. The family must also prove that the injury was due to a wrongful act or negligence of another person or entity. In Mississippi, a family may pursue a “loss of companionship” claim in court, and if the case is successful, damages may be awarded to the family.

What is a “loss of companionship” claim?

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