Loss of Consortium in Wrongful Death Cases

In Colorado, grieving families can file wrongful death claims in an effort to secure justice and financial compensation for these traumatic losses. One category of compensation that may be available is “loss of consortium.” It is important to learn how to ask for and prove these damages to achieve the case results your family deserves after the tragic and preventable loss of a loved one’s life.

What Is Loss of Consortium?

Loss of consortium is a legal term that describes the harm suffered by the close family member, relative or spouse of a permanently injured or killed victim. When harm caused by a defendant is severe enough that it impacts the relationship that family members have with the accident victim – physically or emotionally – this becomes a compensable type of loss that can be included in a personal injury or wrongful death claim.

Loss of consortium in a wrongful death claim can refer to the loss of a deceased person’s companionship, love, affection, emotional support, parental guidance or physical relationship. If the decedent’s spouse is seeking damages for loss of consortium, it can include a loss of intimacy, emotional connection and household services. In the case of a deceased parent, loss of consortium can include lost parental guidance, care and support.

How Do You Prove Loss of Consortium in a Wrongful Death Case?

When you seek loss of consortium damages in a wrongful death case, it is your responsibility to prove your eligibility for this type of payment as the filing party or plaintiff. An experienced personal injury lawyer in Denver can help you with this task by collecting and presenting evidence on your behalf.

Proving loss of consortium requires demonstrating that the death of an individual negatively impacted the plaintiff’s quality of life. For example, the death had a significant impact on the decedent’s child or spouse. Since this type of damage is non-economic (meaning not a monetary damage), it requires persuasive evidence to establish.

Your lawyer can prove loss of consortium by establishing the relationship you had with the deceased person and demonstrating the severe nature of the loss. Your lawyer can focus on specific losses and provide supporting evidence, such as personal statements, witness statements, psychiatric records, and family photos and videos.

How Much Is Awarded for Wrongful Death Loss of Consortium?

Calculating loss of consortium can be difficult, as it does not have a specific monetary value like economic damages. Your attorney must negotiate for fair compensation by illustrating the impact of the loss based on the depth of the relationship. Insurance companies and juries can determine what they believe is a fair value for loss of consortium based on the circumstances.

Every case is unique, with no specific rule for how non-economic damages must be calculated in a wrongful death claim. However, a common equation used is the Multiplier Method. This takes all of the plaintiff’s economic damages and multiplies it by a number deemed appropriate based on the severity of the loss, typically between 1.5 and 5. The end result is the loss of consortium award.

How a Wrongful Death Lawyer in Colorado Can Help

Loss of consortium is just one of many categories of financial damages that your family may be able to receive in a wrongful death claim in Colorado. Maximize your recovery and ensure that your loved one gets justice by contacting a qualified wrongful death attorney in Denver for assistance as soon as possible. Request a free consultation at Fang Accident Lawyers at (720) 379-6363 to learn more.