What to Consider When Making a Loss of Consortium Claim After the Death of a Spouse

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Loss of consortium claims have been brought in many states for many years. However, surviving spouses in Kentucky have only had the legal right to bring such claims in recent years. Accordingly, if you have lost a spouse in a Kentucky car crash then it is important to understand what loss of consortium is—and what it is not—so that you can protect your rights.

Important Facts About Loss of Consortium

If another person’s negligent or intentional actions have resulted in your loved one’s death on a Kentucky road then it is important to know that:

  • Loss of consortium claims are not part of wrongful death cases and are, instead, separate causes of action.
  • Loss of consortium claims may include recovery for loss of love, companionship, and sexual relations. These claims will not include recovery for financial support. Loss of financial support should be part of a wrongful death claim instead.
  • Some of the evidence that might be considered in a loss of consortium cases includes the specific details of your marriage and your relationship with one another, whether you are currently dating, and whether you have remarried. 

It is important to understand what a loss of consortium case is and what it is not before you try to recover damages. There are pros and cons that should be discussed with your attorney

Make an Educated Decision About All of Your Legal Rights

Loss of consortium is just one way to recover if your spouse has been taken from you in a fatal car accident. A wrongful death lawsuit, brought by the administrator of your spouse’s estate, may also be important and may help you recover for things such as medical expenses incurred prior to death, funeral costs, lost income, and other costs.

For more information about filing a wrongful death claim, please watch our free videos and please fill out our online contact form today.

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