An injured victim involved in any type of California accident is typically eligible for various damages when they file a personal injury claim. However, what happens when a loved one’s life is lost due to an unexpected fatal accident? Families are able to bring a wrongful death claim on behalf of a loved one and gain financial support for various aspects. This is where damages known as loss of companionship and loss of consortium come into existence.
At Maison Law, we understand the devastation and turmoil that you and your family are feeling after a loved one has lost their life unexpectedly in an accident. When negligence has caused these horrific losses, we are here for you and your family and will compassionately fight to protect your rights. Contact us for a no-obligation consultation that is completely free to you.
Loss of Consortium in a California Wrongful Death Claim
Loss of consortium damages are most commonly seen in wrongful death claims where families bring a claim against one or more parties. These damages are commonly sought by spouses but other families can attempt to recover from as well when a loved one’s life has been taken prematurely in a serious accident.
These damages apply to cases where a victim is no longer able to provide love, affection, or sexual relations to a loved one due to their passing. Rather than the purpose of financially compensating a family for their losses, these damages are supposed to help family members feel emotionally whole after an accident. Here are two good examples of these damages in action:
- A child passed away in a fatal car accident. A parent is able to bring a loss of consortium claim based on the loss of a normal relationship between a child and a parent.
- A husband or wife is killed in a fatal collision. The spouse misses out on normal marital relations that they would have had before their losses, so they bring a claim for loss of consortium.
Loss of Companionship in a California Wrongful Death Claim
Loss of companionship damages are very similar to loss of consortium damages. These damages tend to focus on the emotional relationship between an individual who lost their life and the family that brings the claim. These include aspects like loss of familial bonds, support to family, and comfort. These damages are less physical and more emotional-related than loss of consortium damages.
Though there is no ideal way to determine how much you will be able to receive in loss of companionship damages, you can find out a general number with the help of your lawyer. Typically, a multiplier method will be used to arrive at a certain amount. Though no amount of money can undo the losses you have sustained, it can help you retain some closure after a fatal accident.
How Loss of Companionship and Consortium Are Generally Calculated
Loss of consortium and loss of companionship both fall under non-economic damages, which means that they help a family compensation for non-monetary losses. This also means that they are not calculated as easily as aspects like medical expenses and lost wages.
There are several factors that the court may consider when it comes to determining the appropriate amount for these damages, such as the following:
- Living arrangements between the lost loved one and their family members
- Both the length and stability of a marriage
- The role of the victim in a household in regards to bringing up the children
- The companionship levels between the loved one and family members
If you hope to bring a successful wrongful death claim that covers both loss of consortium or companionship damages, it is important that you act quickly because there is a statute of limitations to meet regarding your claim. In California, the statute of limitations on bringing a wrongful death claim on behalf of a loved one is two years from the time of their passing. After this, you could be barred from bringing a successful claim.
Contact a California Wrongful Death Lawyer Immediately
Wrongful death claims in California are known for being highly complex and confusing at times. You may be left very suddenly with a variety of bills that you cannot afford on your own as you are grieving your immense loss.
At Maison Law, we will compassionately handle your claim for you and your family so that you can grieve at your own pace. Speaking with a California wrongful death lawyer can ensure that your rights are being protected when the insurance company denies your claim or offers you much less than you deserve. We are on your side and want to help you seek financial damages on various levels. Please contact us today for a completely confidential and free consultation.
