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Filing a loss of consortium claim after a car accident

On Behalf of Christian Ayers
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Losing your loved one in a car accident is an event that can take a lifetime to recover from. Knowing that your spouse passed away due to such a preventable incident, and potentially due to the negligent or reckless actions of another, can be extremely difficult to deal with.

In addition to mourning the loss of your spouse, you will also have to deal with the loss of companionship, as well as the loss of an income. Many people who suddenly lose their spouses start to suffer financially very quickly after the event. This can make keeping up with mortgage repayments and paying for the funeral costs very difficult and stressful.

The huge emotional loss after a bereavement is why is it possible for spouses who have lost their loved one in a car accident to file for loss of consortium. Doing so can help them to gain compensation for the profound damages that they have suffered.

What is loss of consortium?

Loss of consortium refers specifically to the companionship, love and affection that is lost by a spouse or another close family member after a loved one’s death or serious injury. While it is acknowledged that no amount of money will ever be able to fill the void of a bereavement, it is possible to gain compensation to address this loss.

How is loss of consortium proven?

To successfully gain damages through a loss of consortium, you must prove that you had a fulfilling relationship prior to the death or serious injury of your loved one. You should be able to show the way that the loss of your loved one has impacted your life.

How is compensation calculated?

Of course, it is impossible to equate the loss of a spouse with a dollar amount. The amount of compensation for loss of consortium will usually be determined by the intensity and stability of the relationship, and the age or life expectancy of the spouse.

If you are grieving the loss of your spouse or parent after a tragic car accident, take time to emotionally heal from the ordeal before thinking about compensation. When you are ready, you can start to consider filing for loss of consortium.