Seeking Compensatory Damages for Loss of Consortium or Parental Support in a Wrongful Death Lawsuit

Each state has its own laws pertaining to the compensatory damages that can be recovered by husbands, wives or children in a wrongful death lawsuit. Although the unexpected death of a loved one oftentimes leaves a family devastated financially—such as with a loss of income or medical bills—there is also emotional trauma experienced.

When it is caused by the negligent actions of someone else, an Aurora personal injury lawyer can help families pursue compensatory damages that address the tragedy of losing a spouse or parent.

Damages Suffered by Spouses and Children in a Wrongful Death

A lawsuit may seek compensatory damages for loss of consortium, which addresses the injuries suffered when the benefits experienced in a relationship between spouses are no longer available. It is the deprivation felt by a surviving spouse when a death could have been prevented.

Loss of consortium could include some of the following losses:

  • companionship;
  • affection;
  • sexual relations; and
  • emotional support.

When seeking this type of compensation, there may be certain factors taken into consideration; for instance, the length of the marriage and the life expectancy of both partners. If there are questions concerning the stability of a marriage, this could come into question and should be addressed by an Aurora personal injury lawyer.

Along with the nurturing and love that a spouse is without, loss of consortium damages can sometimes address the loss of services. An example would be a stay-at-home parent with small children who dies; the surviving spouse may need to hire a nanny or put the children in daycare. If the surviving spouse needs to hire someone to help with housework, these services may also be included.

When it comes to seeking compensation for children whose parent has died, what is typically addressed are losses such as:

  • guidance;
  • training; and
  • parental support.

Some of the factors that may play into this are the age of the children. There could be more compensation available for young children who still have many years as a minor without a parent, compared to one who is an older teen or young adult.

Damages in a Wrongful Death Lawsuit

In Colorado, along with compensatory damages stemming from medical bills and lost income, surviving family members may be entitled to compensation for grief, pain and suffering, emotional distress and more. This could include the aforementioned loss of consortium or parental support damages.

But no matter how these losses are addressed in a wrongful death lawsuit, they are considered noneconomic damages. There is a cap on how much can be recovered for these, which is $250,000.

Seek legal counsel with an Aurora personal injury lawyer for a clearer picture of the damages that may be available in a particular wrongful death lawsuit. An attorney would need to understand the circumstances of the case, such as what led to the wrongful death and the impact it has had on a family not only financially but emotionally as well.

Aurora personal injury lawyer D.J. Banovitz can assist families looking to recover compensatory damages in a claim or lawsuit. Call 303-300-5060.

D.J. Banovitz’ career has always concentrated on trial practice and he has litigated hundreds of cases. His passion and sole career focus has been to seek justice for people suffering from personal injuries as the result of someone else’s negligence. The hallmark of the Law Office of D.J. Banovitz, is the total commitment to professionalism, quality, and personalized care of your injury case.

D.J. has dedicated his professional life to helping those most in need and is a proud and active member of the Colorado Trial Lawyers Association. His experience includes volunteering for Colorado Rural Legal Services in Montrose, the Colorado Aids Project, consumer law, family law, criminal defense, and Alternative Defense Counsel for juveniles in Denver.