How Is Loss of Companionship Addressed in a Wrongful Death Case?

 Posted on December 23, 2021 in Wrongful Death

When a person dies unexpectedly, their family members may struggle financially while also dealing with grief and emotional trauma. Picking up the pieces after the loss of a loved one can be especially difficult when the person’s death was caused by someone else’s negligence. In these situations, a family may be able to pursue a wrongful death claim against the person or parties who were responsible. While the damages available in these cases may provide compensation for the financial losses a family has experienced, they may also address the ways family members have been personally affected. By understanding how loss of companionship is addressed in these cases, a family can make sure they will be able to receive the compensation they deserve.

What Is Loss of Companionship?

A wrongful death case will often focus on “pecuniary” losses. These are also known as economic damages, and they will address the ways a family has been affected financially by a person’s death. Family members may be compensated for the loss of the income that their loved one would have earned, as well as other financial benefits they would have provided. In addition to these pecuniary losses, family members may also be compensated for non-economic damages, including their loss of a relationship with their loved one.

Loss of companionship, which may also be referred to as loss of consortium or loss of society, addresses the harm suffered by family members because they no longer have their loved one in their lives. A person’s spouse and children will suffer from the loss of a loving relationship in which the person would have provided them with comfort, affection, and attention. Children will not be able to receive guidance, instruction, and protection from a parent who was killed. A spouse will be deprived of partnership and sexual intimacy. A family may also experience a loss of services that their loved one would have provided, such as caring for children, providing transportation, assistance with education and activities, and performing work around the home.

Placing a monetary value on loss of companionship is not always easy. While some of a family’s losses may be calculated based on the value of services such as child care, transportation, and household work, it may be difficult to determine the value of factors such as love, affection, and comfort. However, by showing that they had a loving relationship with the deceased person and that they have been negatively affected by the loss of this relationship, family members can make sure the damages they receive will fully address these issues.

Contact Our Winnebago County Wrongful Death Lawyers

While no amount of money can bring back a deceased loved one, a wrongful death claim may help family members receive some relief and make sure they will be able to move forward with their lives. At Mannarino & Brasfield, A Division of Schwartz Injury Law, we provide representation for people who have suffered losses because a loved one was wrongfully killed, and we fight to make sure our clients will be fully compensated for the loss of companionship and other types of damages. Contact our Rockford wrongful death attorneys today by calling 815-215-7561 and arranging a free consultation.

Sources:

https://ilga.gov/LEGISLATION/ILCS/ilcs3.asp?ActID=2059&ChapterID=57

https://ilcourtsaudio.blob.core.windows.net/antilles-resources/resources/6801203d-1e22-4942-85b4-7eabe8e89beb/31.00.pdf