How much of my relationship with my spouse will be discussed if I file a loss of consortium case?

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The answer is a lot. Many details, some of them intimate and very personal, will need to be shared with your lawyer and with the other side in order to put an accurate value on a loss of consortium case after your spouse dies in a car accident.

Here’s Why

A loss of consortium claim is not the same as a wrongful death case. A wrongful death case may provide compensation to your spouse’s estate for things such as:

  • Medical bills incurred from the time of a car crash until death.
  • Funeral expenses.
  • Past, current, and future lost income.
  • Pain and suffering.
  • Other expenses.

But it will not compensate you for certain losses unique to your spousal relationship. A loss of consortium case may compensate you for:

  • Loss of love.
  • Loss of companionship.
  • Loss of sexual relations.

In order to recover for these losses you will need to prove their value. Since every marital relationship is unique, this means that you will have to provide specific information about the factors listed above.

Be Prepared

You may or may not be comfortable providing this kind of evidence. Whether you should file for loss of consortium is a complicated legal question and one that you should discuss with your wrongful death lawyer.

To learn more about wrongful death claims and loss of consortium claims in Kentucky, please fill out our online contact form today and schedule a free, no-obligation consultation with one of our experienced attorneys.

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