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

Wrongful death and loss of consortium claims are both forms of civil action in New York. Wrongful death claims are filed after a person is killed or dies because of another person’s negligence or criminal act. The claim is brought by the personal representative of the deceased person’s estate. The deceased person’s survivors, such as the spouse, children, or parents, may be compensated for their losses, including compensation for medical bills, lost wages, or funeral expenses. A claim for loss of consortium is different from a wrongful death in that it is a claim for the loss of a person’s companionship, comfort, or care that is the result of negligence or a criminal act. Loss of consortium claims are brought by the spouse of the deceased person, since they are the only family member eligible to make such a claim. The compensation for this type of claim is intended to make up for the loss of companionship and comfort that the spouse of the deceased person has experienced due to the death.

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

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