Does the family of the deceased have a right to sue for loss of companionship in a wrongful death case?

In California, families of the deceased may be able to sue for loss of companionship in a wrongful death case. This is known as a “loss of consortium” claim. A “consortium” is an emotional and physical bond between two people, such as marriage or parent/child relationship. When someone dies of wrongful death, their family may suffer financially and emotionally. The death of a spouse or parent may also result in the loss of spousal or parental care. When a family member dies, a family may be able to file a wrongful death lawsuit to recover for losses such as lost wages, funeral and burial expenses, pain and suffering, and the loss of consortium. In a loss of consortium claim, the family of the deceased may be able to recover for the loss of companionship, guidance, and nurturing that the deceased provided. In California, not every family member is entitled to compensation for the loss of consortium. Generally, only the spouse, parents, and children of the deceased may be able to file a claim. In California, the deadline to file a wrongful death lawsuit is two years from the date of death. Although the family of the deceased may be entitled to pursue legal action, it is important to understand the nuances of California wrongful death law and to act quickly before the two-year deadline passes.

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Does the family of the deceased have a right to sue for loss of companionship in a wrongful death case?

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