What is loss of consortium in a wrongful death case?

Loss of consortium is a legal term referring to the loss of companionship and affection in a wrongful death case. In West Virginia, it is a form of damages for a wrongful death claim. It applies to spouses of the deceased and also to parents of minors who have been killed. When making a claim for loss of consortium, the claimant is seeking compensation for their loss of the deceased’s companionship and affection, protection, society, comfort, moral support, and guidance. The amount of damages awarded for a wrongful death claim for loss of consortium varies depending on the relationship between the survivor and the deceased. For example, a spouse could seek compensation for the loss of companionship, affection, and moral support, while a parent of a minor could seek damages for the loss of guidance, protection, and even financial support. It is important to note that the consortium damages can never be the same as the damages awarded to the estate of the deceased. In a wrongful death case, an experienced wrongful death attorney can help you understand your legal rights and determine the best way to proceed with your claim. They can provide advice on how to seek the maximum damages for the loss of consortium and seek the best possible outcome for the survivors of the deceased.

Related FAQs

Are wrongful death cases handled in civil or criminal court?
Can I file a wrongful death claim if the death occurred due to medical negligence?
What is the statute of limitations for filing a wrongful death claim?
Are wrongful death damages taxable?
Are compensatory damages available for a wrongful death claim?
Who is responsible for paying for medical expenses arising from a wrongful death?
Can a wrongful death claim be filed if the deceased had a pre-existing condition?
Can wrongful death claims be settled without litigating in court?
Are punitive damages awarded in wrongful death cases?
What is the purpose of a wrongful death suit?

What is loss of consortium in a wrongful death case?

Related FAQs

Related Blog Posts