What is loss of consortium in a wrongful death case?

In a wrongful death case in New York, loss of consortium is a legal term that refers to the loss of companionship, affection, and emotional support that a family member experiences from the death of a loved one. This type of loss is not the same as the financial losses associated with a death, such as medical bills or funeral costs. Instead, it is a more subjective and intangible form of loss that can be difficult to quantify. When a loved one is wrongfully killed, the family suffers an immense emotional loss. This is largely due to the absence of companionship and affection a person receives from their loved one. Loss of consortium cases attempt to compensate family members for their emotional losses. This includes not only the victim’s spouse, but also any children, siblings, and parents. In order to receive damages for loss of consortium, a family member must prove that the wrongful death of their loved one caused a disruption to their daily life that was so great that they were left without the companionship, affection, and emotional support they once had. New York does not place a cap on damages that can be awarded in a loss of consortium case. This means that a family can potentially be eligible for substantial compensation for their emotional losses.

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What is loss of consortium in a wrongful death case?

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