When an accident occurs, the unthinkable can come with it: the death of a loved one.
After a person dies, they could leave behind a spouse, children, and other family members who depended on them for income, love, partnership and more. Like when a victim is injured, negligent parties may be held accountable for the death of a person in an accident they were responsible for.
The loss of consortium claim is one that will arise in a wrongful death suit. However, it does not apply to all wrongful death claims. It typically only appears when the victim was severely injured and could not care for their loved ones anymore, but also when a victim dies and leaves their family without means, loss of consortium can also apply.
Limitations of Loss of Consortium Claims
In Arizona, a cause of action for the loss of consortium online applies to spouses, parents, and children of the deceased. Furthermore, the claimants must have a financial and emotional dependency on that individual to receive compensation for their loss of consortium.
What Damages Apply in Loss of Consortium Claims?
- Funeral and burial costs for the victim
- Hospital and medical care costs sustained before the victim’s death (because of the incident)
- Loss of partnership
- Damages to the vehicle
- Mental and emotional trauma and therapies required for the family
- Loss of guidance for children
- Loss of financial support
The Complexity of a Loss of Consortium Case
After a serious personal injury has occurred or a loved one has died because of a negligent act, the victim’s family may be unable to survive financially or even emotionally. Many times, the relationship between the victim and surviving family members is troubled, such as a spouse no longer able to participate in their marriage.
To file a loss of consortium claim, the victim must be able to prove the damages and the actual emotional and financial impact of their injury or death on family members through a preponderance of the evidence.
How a Chandler Personal Injury Attorney Can Help
A Chandler personal injury lawyer from Tobler Law, P.C. can assist family members and victims with a loss of consortium claim in conjunction with their personal injury or wrongful death suit.
Meet with the attorneys from Tobler Law, P.C. for a no obligation consultation to discuss options, and see if the injury qualifies for loss of consortium or another form of compensation.