If your loved one was injured or killed in an accident, you may be entitled to damages for loss of companionship or consortium. At The Law Offices of Gold, Albanese & Barletti, LLC, our experienced personal injury lawyers understand how traumatic and life-changing a serious injury or loss of a loved one can be. Loss of companionship and loss of consortium cases can be complex, and our personal injury attorneys can help you understand which types of damages may apply in your case.
What Is Loss Of Companionship Or Consortium?
Loss of companionship and consortium are noneconomic damages often associated with wrongful death cases. They are considered noneconomic damages because putting a monetary value of this type of loss is nearly impossible. Some states put a cap on noneconomic damages.
Loss of companionship or consortium refers to the loss of the benefits of having someone in your life, such as the ability to parent, show love and affection or have a sexual relationship. Although it is often a spouse who files a loss of companionship claim, a child or parent may also be entitled to recover these types of damages.
Proving Loss Of Companionship Or Consortium
Because calculating noneconomic damages is difficult, they are typically determined on a case-by-case basis. In a loss of companionship or consortium case, the following factors will likely be taken into consideration:
- Whether you have a stable, loving relationship
- Your living arrangements
- How much care and companionship you previously received
- Your life expectancies
- Evidence of the various household services your loved one performed
- Evidence of the activities you and your loved one enjoyed doing together
If they are both living, the injured party and their loved one are each entitled to bring claims of loss of companionship or consortium against the liable party. It is vital to seek the counsel of experienced personal injury attorneys who understand how to value and negotiate fair settlements in these types of personal injury and wrongful death claims.