When a person is involved in an accident that resulted in catastrophic injuries, the loved ones of the victim are also likely to suffer from trauma. This traumatic effect can ripple for a lifetime if someone loses their loved ones in an accident. Without any doubts, the death of your loved one will not only cause immense grief, pain, and mental distress but also you will have to cope up with the loss of partnership, care, affection, and moral support. Note that all these non-economic damages fall under an umbrella term called the loss of consortium.
Under the circumstances in which the death of a person is caused by the reckless actions or negligence of another person, the registered domestic partner or spouse of the deceased can file loss of consortium lawsuit against the opposite party. If you are not sure about this type of wrongful death lawsuit, you may refer to the helpful points given below.
The Damages That are Covered under the Loss of Consortium Lawsuit
As mentioned earlier, the spouse of the deceased can file a loss of consortium lawsuit against the opposite party in case of wrongful death cases. This way, the plaintiff can obtain compensation for non-economic damages such as loss of affection, care, comfort, love, assistance, moral support, society, companionship, and enjoyment of sexual relationship or the ability to have children.
In California, the claimants have the right to obtain loss of consortium damages that they have already suffered as a result of the wrongful death of their spouse as well as the loss of consortium that they are likely to suffer in the future. The latter damages are awarded if the victim is suffering from some sort of permanent disability. Furthermore, Loss of consortium is also awarded even if the victim is likely to die shortly after the court trials. While determining the lost consortium compensation amount, the jury will consider the life expectancy of the deceased if the accident had not happened.
The Damages That Do Not Come under the Loss of Consortium
The wrongful death attorney of a plaintiff may fight for numerous economic and non-economic damages. Some lawyers may fight for the double recovery of damages as well at times. To avoid this, the juries in California have outlined certain damages that cannot be included under the loss of consortium. Some of those damages that are not eligible to be compensated in this case are;
- Loss of financial stability provided by the deceased
- The loss of income that the claimant had to suffer from while taking care of the victim
- Compensation for nursing the victim after the accident
- The value of household services provided by the deceased
However, you can still recover compensation for the above-mentioned damages by filing a personal injury lawsuit against the opposite party.