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Wrongful Death and Loss of Consortium

By Steve Charpentier on March 31, 2017

The exterior of a courthouseThe sudden and unexpected loss of a loved one in an accident caused by someone else’s negligence is tragic for so many reasons. One of the most heartbreaking, however, is what is known in personal injury law as the loss of consortium. Although there is nothing that could ever truly compensate for such a loss, the surviving spouses and, in some cases, children of deceased accident victims can at least seek monetary damages for loss of consortium by filing wrongful death claims against the responsible parties.

If you have recently lost a spouse or parent in an accident caused by someone else’s negligent or deliberately wrongful actions, the personal injury attorneys of the Charpentier Law Firm can help. After evaluating your wrongful death and loss of consortium claim, our Melbourne, FL lawyers can advise you of your legal rights and options and help you determine your next course of action. If you have a viable wrongful death case, we would be privileged to help you achieve justice as we have helped so many others in your situation.

We encourage you to contact the Charpentier Law Firm to arrange for an evaluation of your wrongful death case today.

What Is Consortium?

It is assumed by many that “consortium” is a euphemistic term for sexual relations between spouses that was adopted for legal purposes. Indeed, when consortium was reserved for spouses, sexual relations did invariably fall under its umbrella, and it still often does. However, consortium also encompassed the companionship, society, comfort, and affection that were part of the unique bond between married partners.

Prior to 1988, this was the sole legal definition of consortium. However, at that point it was established that children could also bring claims for loss of consortium. In this case, consortium would extend the special bonds of affection, guidance, and nurturing that mark the relationship between parent and child.

How Is Loss of Consortium Proven?

Loss of consortium is usually proven through evidence of demonstrations of spousal or parental affection prior to the deceased victim’s death. It is important to note that the presentation of such evidence, particularly when revealing the more intimate details of the spousal relationship, can be quite personal. For many surviving spouses and children, it can be difficult to have the details of the affection they shared with their lost loved one shared in so public a setting, particularly when these details will be disputed and met with counterevidence by the defense.

Nevertheless, the presentation of this compelling evidence is absolutely necessary to proving loss of consortium and obtaining the full measure of damages in a wrongful death claim. The personal injury attorneys of the Charpentier Law Firm strive to reach a favorable settlement on behalf of our clients to spare them the intensity and scrutiny of a court trial; however, this is not always possible or advisable.

Arrange for an Evaluation of Your Wrongful Death Case

To arrange for an evaluation of your wrongful death case, please contact the Charpentier Law Firm today.

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