The untimely and wrongful death of a loved one can leave the surviving spouse struggling financially and emotionally. The surviving spouse no longer has the emotional support and companionship of his or her partner. At Chanfrau & Chanfrau in Daytona Beach, FL, our attorneys have handled numerous wrongful death and loss of consortium cases. They can help you determine whether you can sue for these non-monetary damages to compensate you for the losses you have suffered.
What Is Loss of Consortium?
Loss of consortium is a claim for damages following a loved one’s death caused by negligence or wrongdoing. In general, a wrongful death and loss of consortium claim is filed by the surviving spouse. In some circumstances, a parent of a minor child may file this type of claim.
What Is Covered?
Unlike economic damages, which cover calculable costs like medical bills and lost wages, loss of consortium damages cover losses that are more difficult to calculate. Loss of consortium may cover one, two, or all three of the following categories.
- Loss of Services: This category addresses the services a spouse previously provided, such as keeping the house clean or mowing the lawn. The responsibilities of home maintenance now fall solely on the surviving spouse, which he or she may find difficult to upkeep.
- Loss of Support: When a spouse dies, the surviving spouse loses the income the deceased brought to the relationship or family. In a wrongful death claim, the amount awarded in this category will reflect the estimated amount the deceased would have earned over the course of his or her lifetime, based on age, education, career path, and other factors.
- Loss of Companionship: This category is the most difficult to estimate damages for, because it covers all the non-monetary aspects of a marriage, such as love, emotional support and encouragement, affection, and even sexual relations.
Filing a Wrongful Death and Loss of Consortium Claim
If you lost a loved one as a result of another party’s negligence, you may be eligible for loss of consortium damages. If you are considering filing a wrongful death and loss of consortium claim, you should speak with one of our attorneys at Chanfrau & Chanfrau. We will thoroughly investigate your claim to determine whether this type of claim is a viable option for your individual circumstances.
If it is, our attorneys will walk you through every step of the process. They will handle all the legal aspects of your case so you take the time you need to mourn the loss of your loved one. We will pursue the maximum amount in loss of consortium damages possible, which will help ensure your financial security during this difficult time.
Schedule a Consultation Today
As with other types of personal injury claims, there are statutes of limitations in place for wrongful death claims. To ensure your claim is filed within these deadlines, contact the law offices of Chanfrau & Chanfrau today to schedule a consultation.