What is the difference between a wrongful death claim and a claim for loss of consortium?

Wrongful death claims and claims for loss of consortium are both civil claims in California, but they are separate claims with different elements and purposes. A wrongful death claim is a civil action lawsuit brought by surviving family members against a person or entity responsible for the death of a loved one. In California, only immediate family members may bring a wrongful death claim against a negligent party. The purpose of a wrongful death claim is to win compensation for the losses suffered by the family because of the death. The damages awarded in a wrongful death claim generally cover the economic losses resulting from the death, such as lost future income. Additionally, the family may be awarded non-economic damages for the mental and emotional pain and suffering caused by the death. A claim for loss of consortium, on the other hand, is brought by a person who was married to the victim at the time of death. Loss of consortium claims are intended to compensate for the non-economic losses suffered by the surviving spouse due to the death. These damages generally include the loss of comfort and companionship, as well as the loss of the spouse’s care, guidance, and moral support. In short, a wrongful death claim is a civil action lawsuit brought by the family of the deceased against a negligent party, while a claim for loss of consortium is a civil action lawsuit brought by the surviving spouse of the deceased against a negligent party. Both claims are intended to compensate the plaintiffs for the losses they have suffered due to the death, though the damages sought are different in each case.

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What is the difference between a wrongful death claim and a claim for loss of consortium?

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