Losing a loved one might be one of the most tragic things you have ever experienced, especially if that loved one was a spouse or child. Every year, many people file wrongful death claims after they have had to say goodbye to a loved one too soon due to the negligence of another party. Typically, through a wrongful death claim, you are, as a family, permitted to recover compensation for a wide variety of losses. One of these losses is known as loss of consortium, which we will discuss in full today.
Understanding Loss of Consortium
If you bring a wrongful death claim in West Virginia court, you might be able to recover what is known as loss of consortium. Across the state, courts realize that loved ones contribute more than just finances alone. Loss of consortium, as a result, encompasses all damages that a spouse and children suffer due to the loss of a spouse or children on emotional levels solely.
This is because, after you have lost a loved one, you have lost more than just financial support – you have typically lost a loved one’s companionship, emotional support, love, and more, that was provided to you when your loved one was still alive. When a parent has lost a child, they might be able to recover loss of consortium regarding the companionship they obtained for their child. On the other hand, a child is also allowed to recover loss of consortium when a parent was taken from them too soon and cannot give them the guidance they once provided.
The one issue with these types of cases for damages is the fact that loss of consortium is not easy to calculate. Some factors that determine the awards include the age of the decedent, the age of the spouse, length of the marriage, quality of the relationship, and a variety of other factors. If you are wondering what types of damages you could receive in your case, it is especially imperative to speak with an attorney about your claim as you move forward.
Acting as Quickly as Possible
Many people do not realize that they have a short period of time to file their wrongful death claim. Under West Virginia law, you have a two-year statute of limitations to start working on your claim. If you are bringing the claim against a government party, however, you generally have a shorter period of time. This is why it is critical that you start speaking with an attorney as soon as possible to work toward results in your case.
A West Virginia wrongful death attorney can be extremely beneficial in working toward results you deserve in your time of need. At Katz, Kantor, Stonestreet & Buckner, our experienced personal injury attorneys are here to help after you have lost a loved one in a car accident. Please contact us for more information at (304) 713-2014.