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What are damages resulting from loss of consortium?

Some damages that result from an accident in the state of Washington are easy to convert into dollars and cents. For instance, you can compute how much money it will take to cover the repair bill for your car. But when it comes to loss of consortium, damages take on a noneconomic nature. They are not easily computed into monetary amounts. Nonetheless, the losses sustained from loss of consortium are very real to the family of the injury victim.

FindLaw defines a loss of consortium as a loss of familial and relational benefits as a result of a family member sustaining injury. Sometimes a loss of consortium is called a loss of companionship or a loss of affection, and for good reason. For example, a wife that is severely injured in a car wreck may wind up disabled and cannot care for children or provide intimacy to her spouse. These would be considered damages under loss of consortium.

Loss of consortium damages can take the form of any of the following:

  • A loss of care to a child
  • A loss of intimacy to a spouse
  • Not being able to provide companionship
  • A deprivation of affection to a relative

Usually, a loss of consortium is claimed by a family member of the injured victim, although sometimes the injury victim may join in a suit seeking damages. The person claiming a loss of consortium is usually a spouse, a parent or a child. Also, a loss of consortium can be claimed in the tragic event an accident victim succumbs to injury and passes away. A loss of consortium can be one of the components of a wrongful death suit against the party who caused the injury.

This article is written to provide readers with general information and is not intended as legal counsel for your particular situation.

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