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

Wrongful death and loss of consortium are two different types of legal claims that can arise out of the same wrongful act. In Virginia, a wrongful death claim is one in which the claimant is seeking to recover damages caused by the death of a family member due to a wrongful act. This type of claim is usually brought by the family members of the deceased, including their spouse, children, or parents. The damages that can be recovered in a wrongful death claim may include compensation for lost wages, funeral and burial expenses, and emotional distress. On the other hand, a claim for loss of consortium is one that seeks to recover damages caused by the loss of companionship due to a wrongful act. This type of claim is usually brought by the spouse, parent, or child of the deceased. In a claim for loss of consortium, the damages that can be recovered are typically limited to pain and suffering, emotional distress, and loss of companionship. In short, wrongful death and loss of consortium are two distinct types of legal claims that can arise out of the same wrongful act. While wrongful death claims are sought by family members of the deceased, a claim for loss of consortium is brought by the spouse, parent, or child. Both types of claims seek to provide compensation for the loss of a loved one, but the damages that may be recovered under each type of claim are different.

Related FAQs

Is expert testimony required to prove a wrongful death claim?
How long do I have to file a wrongful death claim?
Are punitive damages available in a wrongful death lawsuit?
What documents do I need to prove a wrongful death lawsuit?
What happens if the defendant in a wrongful death case does not have sufficient insurance coverage to cover the damages?
Who can be held liable for a wrongful death due to medical malpractice?
How long do wrongful death cases usually take to resolve?
Are wrongful death cases resolved through mediation or arbitration?
Are the costs of legal representation in a wrongful death lawsuit recoverable?
Does the statute of limitations on wrongful death cases vary from state to state?

Related Blog Posts

What You Should Know About Wrongful Death Lawsuits - July 31, 2023
What To Do After a Loved One Suffers Wrongful Death - August 7, 2023
Understanding Wrongful Death Statutes & Regulations - August 14, 2023
Finding the Right Wrongful Death Lawyer - August 21, 2023
5 Important Steps to Take When Filing a Wrongful Death Claim - August 28, 2023