Wrongful Death and Loss of Consortium
Losing a loved one can be extremely difficult, especially if they were taken before their time. When someone else is responsible for the untimely loss, it’s important that you speak with a skilled wrongful death attorney. Lawyers Elizabeth M. Quick and Matthew Quick have helped numerous clients throughout Kirkland, Redmond, and Bellevue, WA with their wrongful death claims.
The team at Quick Law Group, PLLC would like to focus on loss of consortium, a specific kind of claim that can be sought in wrongful death cases. This should provide you with a basic understanding of what it is and why it may be an important part of your case.
What Is Loss of Consortium?
Loss of consortium is a standalone claim that can be brought about by the loved ones of someone who’s been killed in an accident or harmful incident. Loss of consortium specifically means that because of the death of a loved one, the surviving family member can no longer receive the love, affection, comfort, or companionship of the deceased.
Loss of consortium can also be sought in catastrophic injury cases, particularly when such instances result in long-lasting or permanent disability. We can discuss loss of consortium claims in injury cases during a legal consultation.
Who Can Bring a Loss of Consortium Claim?
Loss of consortium is typically sought by the spouse or partner of the deceased. They are most often affected by the loss of emotional support and companionship in the loss of a loved one. It may also be possible for the children and parents of the deceased to claim loss of consortium.
During the legal consultation with our attorneys, we can help you understand if you can claim loss of consortium given the nature of the case and Washington state law.
How Is Loss of Consortium Calculated?
Calculating loss of consortium can be tricky. It is not linked to material or financial losses associated with the death of a loved one, and therefore not tied to compensatory damages. It is also distinct from punitive damages, which are intended to punish the negligent party. Indeed, the loved one you lost and what they gave you emotionally is beyond monetary value.
When it comes to calculating loss of consortium, it’s usually up to the judge in the case to arrive at a fair amount given the evidence presented. The judge will consider a variety of factors regarding the death of your loved one and the relationship you had while he or she was alive.
Important Considerations with Loss of Consortium Claims
If you bring about a loss of consortium claim, you should know that intimate details about your marriage or personal life with the deceased may be brought to light. This is to establish the bond to love one, and may also involve hardships with the loved one that call the strength of your bond into question. If you do not want these personal details in public, you may not want to seek a loss of consortium claim.
How a Wrongful Death Attorney Can Help
The loss of someone very close to you is never easy. By having a skilled wrongful death attorney on your side, you can have an expert present to help you consider the nature of your case and how to move forward. We can let you know about legal settlement amounts and whether or not you should take your case to trial. We can also discuss various losses that can be covered by compensatory and punitive damages. Having good legal representation on your side is crucial during these kinds of cases.
Learn More About Wrongful Death Litigation
If you have lost a loved one and would like to learn more about your legal options, be sure to contact our team of wrongful death attorneys. You can reach our law firm in Bellevue by calling (425) 576-8150.
