What Is Loss of Consortium in a Wrongful Death Case?

Losing a family member brings immeasurable grief. An unforeseen loss due to another’s negligence can be even harder to bear.

At Saavedra Law Firm, we recognize that financial compensation is no replacement for your loved one. Money cannot reverse the events that have taken place and altered your family forever. However, there are ways that it can provide vital support during this devastating time.

If you are considering pursuing a wrongful death claim, you might encounter the legal term “loss of consortium.” As a form of financial compensation, this term:

• Represents intangible losses: The claim covers the deprivation of love, affection, and companionship.
• Honors family relationships: It compensates the surviving spouse, children, or parents for the emotional void left behind.
• Requires specific evidence: You must demonstrate the depth and daily impact of your relationship.

What Loss of Consortium Means in Arizona

Under Arizona law, liability arises when a wrongful act or negligence causes a fatal injury. Families have the right to seek financial compensation for the practical, emotional, and relational damages caused by this sudden absence. Loss of consortium specifically addresses the intangible benefits a family member once provided. This includes the loss of guidance, affection, wisdom and advice, comfort, and marital relations.

Who May Seek Consortium-Related Damages?

Only close surviving family members can bring a wrongful death action to recover damages. Eligible parties are usually the surviving husband or wife. However, in cases where a parent is lost, the deceased’s children may bring a claim. Surviving parents may also be able to bring a loss of consortium case after the loss of a child.

How Loss of Companionship Differs from Financial Losses

Wrongful death settlements typically divide into two categories: economic and non-economic damages. Understanding the difference between these two is crucial.

• Financial (Economic) Losses: These are tangible, out-of-pocket expenses. They include costs such as medical bills leading up to the death, funeral costs, and the loss of the deceased’s future income or household services.
• Companionship (Non-Economic) Losses: These cover the emotional impact of the death. Pain and suffering, mental/emotional anguish, and loss of consortium fall into this category. Because you cannot easily put a price tag on a parent’s guidance or a spouse’s comfort, placing a value on these claims requires an experienced personal injury attorney.

What Evidence Supports Non-Economic Damages?

Demonstrating the severity of your emotional suffering can be a large part of your claim for compensation. To build a strong case, your legal team will help you gather specific evidence, which may include:

• Personal journals: Written accounts detailing your personal emotional struggles and lifestyle changes.
• Family photographs and videos: Visual proof of a strong, loving family dynamic before the accident.
• Testimony from loved ones: Statements from friends, teachers, or community members who witnessed the close bond you shared.
• Expert evaluations: Psychological assessments from grief counselors or therapists outlining the clear emotional toll of your loss.

Let Us Come Alongside Your Family

No amount of money will undo or “fix” the tragedy of losing a loved one. However, holding negligent parties accountable can provide your family with the financial resources needed to heal. The legal complexities of loss of consortium claims can feel overwhelming while you grieve, but thankfully, you do not have to walk this path alone.

At Saavedra Law Firm, our bilingual team provides compassionate, aggressive representation for every client. We also offer a free, no-obligation case evaluation to help you understand your options. Contact us today at 602-878-6625 to discuss your case and your rights.