Loss Of Consortium In Personal Injury And Wrongful Death Actions

After an individual suffers an injury because of someone else’s negligence or wrongful act in Kentucky, they can seek damages in a personal injury claim. Compensatory damages are the most commonly awarded damages in Kentucky personal injury claims. Examples of compensatory damages include pain and suffering, medical expenses, and lost wages. Depending on the specifics of a case, a victim may also be able to recover punitive damages in a Kentucky personal injury case.

Along with the damages mentioned above, loss of consortium damages can also be sought in a Kentucky personal injury claim. Loss of consortium damages can also be sought in a wrongful death claim. If your loved one sustained a severe injury because of another person’s negligence or wrongful act or if you lost a loved one because of someone else’s negligence or wrongful act, you may have grounds to file a loss of consortium claim. This is typically a stand-alone claim that you bring forward after your loved one suffers a personal injury or wrongful death. Usually, such claims are filed by the non-injured or surviving spouse. However, a parent or child can also file a loss of consortium claim.

What Is the Loss of Consortium?

In simple words, loss of consortium is the loss of the benefits of a family relationship. Loss of consortium is usually associated with spousal relationships. According to KRS 411.145, “consortium” is the right to assistance, services, aid, companionship, society, and the conjugal relationship between husband and wife or wife and husband. According to the law, a husband or wife can recover damages from a third party for loss of consortium if the third party’s negligent or wrongful act led to the loss of consortium. With that said, it is crucial to note that loss of consortium damages can also be associated with parent-child relationships.

Loss of Consortium Claim for Death of a Parent

In Kentucky, children are allowed to file a claim for loss of consortium if a third party’s negligent or wrongful act led to their parent’s death. However, unlike the loss of spousal consortium claims where spouses have the right to seek loss of consortium damages even if their spouse is only seriously injured, the same does not apply to children.

Loss of Consortium Claim for Death of a Child

Parents in Kentucky can also recover damages for loss of consortium if they lose a child because of another person’s negligent or wrongful act. Generally, the state only recognizes parents’ claims for loss of consortium when a child suffers a wrongful death.

Getting Ready for a Loss of Consortium Claim

If you are planning to file a loss of consortium claim, it is crucial that you prepare yourself adequately. It is crucial that you prepare yourself if you are planning to file a loss of consortium claim for the injury or death of your spouse. Such claims usually involve aggressive questions about a couple’s marriage. It takes courage to expose the details of marriage to others. Having an experienced attorney by your side can prove quite beneficial.

Contact a London Personal Injury Attorney

If your loved one was severely injured or killed due to another person’s negligence or wrongful act, contact a London personal injury attorney at Cessna & George Law Form today. We can help you recover the loss of consortium damages.

Resource:

apps.legislature.ky.gov/law/statutes/statute.aspx?id=17783