When a loved one passes away, family members may be able to sue for a loss of consortium. This word has its roots in the word consort, which was often used to refer to a person’s spouse. If a man passes away in a car accident caused by another driver, for instance, his wife may sue that driver for loss of consortium.
But what is the actual lawsuit referring to? In essence, the spouse is seeking financial compensation for non-tangible assets and benefits. They have suffered the loss of their relationship and all that goes along with it, and they deserve to be compensated if someone else’s negligence led to that loss.
For instance, that person may have had a stable marriage, a loving spouse, a fulfilling sex life and the support of their spouse in day-to-day activities—pursuing their career, raising the children, etc. By losing this connection, their life has been irrevocably changed, and they will no longer enjoy the fulfillment, security, stability and support that they had before.
How is this calculated?
Every case is unique. It can be difficult to put a monetary value on emotional trauma or intangible losses. It is most important simply to show how a person’s quality of life declined due to their partner’s passing. How has this affected their future? What impact has it had on their children, who now have to grow up without the love and support of one parent?
Because each case has its own factors that must be weighed, it can be very complex to determine when a loss of consortium should be considered—and what value it has. Those who are going through this process must be well aware of their legal rights and all the options at their disposal.