How The Loss Of Companionship Affects Your Wrongful Death Case
Wrongful death is a unique type of claim because you are not only seeking compensation for economic damages, pain, and suffering, but you are also seeking compensation for the loss of the deceased. While some aspects of the wrongful death case are handled by an executor of the estate, those who have a certain relationship with the deceased can also seek compensation for a loss of companionship.
Understanding the Loss of Companionship and Consortium
The loss of companionship and consortium is also often referred to as the loss of marital compatibility, the loss of conjugal fellowship, or the loss of society. Loss of companionship and society includes the loss of love, comfort, and companionship. It does not include a loss that would have lead to a more specific benefit. For example, if you have suffered from a loss of guidance, this is a different form of damages.
To be entitled to these benefits, you will need to have a special relationship with the deceased. For example, you might be:
- A marital partner
- An offspring
- A sibling
- A parent
This type of damage is considered non-economic because there is no way to quantify how much you have lost as a result of your loved one passing away. However, that doesn't mean that there aren't methods that the courts consider acceptable when settling a wrongful death case. If you're not sure how much you may be compensated for the loss of consortium or companionship, speak with a wrongful death attorney.
Caps on Non-Economic Wrongful Death Claims
There is often a cap on how much you may be compensated for a loss of companionship that is based on the state you live in. For example, some states place a $400,000 cap, and others place a $500,000 cap. Some states also allow for non-economic damages but will be hesitant to allow loss of consortium to be allowed in one's economic damages. Recovery is also often limited only to couples who are married.
To be awarded damages, the jury will consider the relationship that you have with your loved one, the living arrangements you both had, your common interests and activities, and the quality of your relationship. Because the defendant will do everything possible to limit economic damages awarded to you, make sure to speak with a wrongful death attorney so you can gather the evidence necessary to support your case that you have suffered due to the loss of your loved one.