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Burke Law

Compensation for Loss of Consortium after Wrongful Death

By Sean Burke on February 18, 2017

Woman alone on a swingDeath is an unfortunate, but natural part of the life cycle. Sadly, many people lose their lives long before they should, all because of the reckless or negligent actions of another person or party. A wrongful death is an unexpected and tragic event that completely alters the lives of surviving family members who are left behind.

One of the most quantitative losses suffered by surviving family members are the financial losses that are suffered after a loved one dies. While these losses are devastating, they do not compare to the emotional losses that result after a loved one is tragically taken. These emotional losses, known as loss of consortium, are not as easily measured, but are often even more difficult for the family to handle.

Attorney Sean M. Burke has a great deal of experience representing cases of wrongful death and loss of consortium in the Orange County, CA area. His experience is a great asset to any family member seeking financial compensation for the losses suffered due to a wrongful death.

Defining Loss of Consortium

In a wrongful death lawsuit, there are typically two types of damages that are considered. One is the financial losses that are incurred by surviving family members. This accounts for the measurable financial losses that a surviving family member may suffer, such as any medical expenses leading up to the death, loss of wages, and loss of benefits. Loss of consortium takes into account the emotional losses that a surviving family member may suffer. This type of compensation validates the immeasurable emotional benefits that a loved one provides. Some losses that fall under the loss of consortium category include the following:

  • Loss of companionship
  • Loss of love and affection
  • Loss of comfort
  • Loss of sexual relations
  • Loss of emotional support

Calculating Loss of Consortium

Even though the emotional losses of a wrongful death are just as, if not more, important than the financial losses, they are not as easy to quantify. Loss of consortium falls under the category of general damages, which are those that are not economic. There is no replacement for the emotional support that a loved one provided, so the court will reward financial compensation that is meant as a general substitution for such losses.

The amount of money that is rewarded is highly subjective and is left largely to the discretion of the judge or jury. Because of this, it is best to have legal representation from an attorney, such as Sean M. Burke, who is experienced in the field of loss of consortium. Mr. Burke has worked numerous wrongful death cases involving loss of consortium and is able to build a strong case that will emphasize the emotional hardships of his clients so that they can be justly compensated for these emotional damages.

Contact Us

It is extremely difficult to deal with the loss of a loved one, but perhaps even more so when that loss is so unexpected. If you’ve lost a loved one to wrongful death and would like to learn more about your legal rights, contact us at your earliest convenience. We look forward to hearing from you.

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