Who Can File a Wrongful Death and Loss of Consortium Claim?

By Mark T. Flickinger, JD on March 25, 2017

Wrongful Death and Loss of ConsortiumIf you lost a loved one due to fatal injuries in an accident caused by another party’s negligence or misdeeds, you may have a wrongful death and loss of consortium claim. The attorneys at Flickinger Sutterfield & Boulton in Provo, UT can help you understand your rights and will review your wrongful death case in detail to determine if you are eligible for compensation. If you are, they will provide you with the legal representation needed to successfully file and receive compensation for your loss of consortium.

What Is Loss of Consortium?

In wrongful death cases, loss of consortium refers to the damages the surviving spouse suffers. These damages account for the non-economic support the deceased provided to his or her spouse and family. After a loved one’s death, the surviving spouse loses the companionship, love, affection, and emotional support that were previously enjoyed in the marriage.

Who Can File a Wrongful Death and Loss of Consortium Claim?

In most cases, the surviving spouse is the only party who can file a loss of consortium claim. In limited circumstances, a parent or child may have the right to file such a claim. If you are unsure whether you can file a wrongful death and loss of consortium claim, one of our attorneys can evaluate your case and determine whether you are eligible for such compensation.

It is important to note that laws regarding wrongful death and loss of consortium vary from state to state, so it is essential that you work with an experienced law firm like Flickinger Sutterfield & Boulton. Our attorneys have decades of experience in this area of law and will ensure your claim meets the criteria as outlined by state law.

How Are Loss of Consortium Damages Calculated?

These damages are more difficult to calculate because they are compensation for non-monetary losses. Compensatory damages usually cover financial losses, such as medical and funeral expenses and loss of income. Loss of consortium accounts for other categories, like shared household chores and affection.

Loss of consortium damages can vary greatly depending on a variety of factors, such as each spouse’s age, length of the marriage, quality of the relationship, and more. It is also important to understand that many states limit the amount of damages a surviving spouse can collect for loss of consortium. In order to collect the maximum amount possible, you need a skilled team of attorneys on your side.

Contact Our Compassionate Attorneys Today

The loss of a loved one is perhaps one of the most difficult experiences a spouse must endure. The grief, loneliness, and depression, coupled with the loss of financial security can be overwhelming. Our attorneys understand what you are going through and will work with you to ease some of your stress and worry during this difficult period. We handle all wrongful death and loss of consortium claims with the personal care and attention you deserve. To meet with one of our compassionate attorneys, contact our law firm and schedule a consultation.

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