Loss of consortium and companionship (sometimes called loss of fellowship) is a legal term that refers to the emotional state one experiences when a family member or spouse is killed in an accident. Loss of fellowship includes the loss of ability to procreate and the loss of the ability to have conjugal relations. Here, we will explain how these losses apply in cases of Wrongful Death in Terre Haute IN.
Applying Loss of Fellowship to a Case of Wrongful Death in Terre Haute IN
Loss of consortium and companionship are non-monetary damages, and are common to wrongful death actions. These damages are deemed non-monetary because it is impossible to assign a dollar value to such a loss.
Limits on Awards for Loss of Consortium
In some states, courts believe that juries will make an excessive award if the story they hear is especially emotional – therefore, these states put a limit on recovery for loss of fellowship. For instance, Wisconsin has a $350,000 limit for the wrongful death of an adult, and a limit of $500,000 for the death of a child. Maine has a $400,000 limit and Arkansas has a half-million dollar cap on damages.
In states with limits on non-monetary damages, the loss of consortium is debatably included in those figures. The loss may not be listed in statutes limiting these damages, and states may not include the amount in their total award. If there is a limit on non-monetary damages, plaintiffs cannot be prohibited from making a recovery. Most states limit the recovery for loss of fellowship to events occurring during a marriage, making it difficult for same-sex partners to recover in the event of a companion’s wrongful death (in states where same-sex marriages are not legally recognized).
Consulting an Attorney in a Wrongful Death Action
If you have lost a child or spouse wrongfully, you should call an attorney right away. Every state has different laws on the loss of companionship and consortium, and a personal injury or wrongful death attorney can inform you of your state’s recovery limits and your legal options. Do not go to court alone – go to domain URL for help.
