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What are “loss of consortium” damages?

February 19, 2019

The loss of a loved one can affect all areas of life. When a dear relative dies, it can be almost impossible for a Kentucky resident to envision a future without the deceased individual in it. Deaths from natural causes can be difficult to work through, but many individuals who lose loved ones in unexpected accidents and incidents feel the trauma of loss as well as the pain of knowing it could have been avoided.

Past posts on this personal injury blog have discussed who may bring a wrongful death claim and how it must be pursued. When a person sues based on a wrongful death, they may collect damages for the benefit of the deceased individual’s estate and surviving family members. Those damages can range from actual damages related to costs arising from their death as well as other damages.

One form of damages that is sometimes pursued by individuals when their spouses are killed in wrongful death actions is loss of consortium. Loss of consortium damages relate the losses a person experiences when they no longer have their marital partner, along with the love, companionship, support, and affection that is shared between people who have committed their lives in marriage. Loss of consortium damages may be based on the relationship of the deceased victim and their surviving spouse, the survivor’s life expectancy, and other factors.

There are a variety of damages that may apply in personal injury and wrongful death cases, and loss of consortium is only one of them. Parties who wish to learn more about their legal options and possible recoverable damages may want to speak with their own personal injury attorneys about what may apply to their claims.