What Is Loss of Consortium in a Wrongful Death Lawsuit?

In cases of wrongful death, eligible family members—including the victim’s spouse—can seek financial compensation for their losses, including loss of consortium. Losing your spouse unexpectedly can impact your life in ways you could not have previously imagined; and, while no amount of financial compensation will ever replace what you have lost, it is the best our legal system has to offer. 

For grieving spouses, seeking financial compensation after a fatal accident includes seeking financial compensation for “loss of consortium.” This is a legal term that encompasses, “the loss or impairment of the intangible benefits of a relationship.”

Essentially, loss of consortium damages are intended to compensate grieving spouses for the loss of their relationship with their life partner. The law recognizes that your life will never truly be the same, and loss of consortium damages are intended to serve as a means to cope with how your life has been forever altered by the loss of your spouse due to circumstances beyond your control. 

Loss of Consortium: What it Covers

Loss of consortium is a broad term that covers many of the ways in which losing your spouse unexpectedly irreversibly changes your life. In wrongful death cases, loss of consortium covers lifelong consequences such as:

• Loss of Love and Affection – Grieving spouses are entitled to compensation for the loss of love and affection they experience as a result of losing their life partner too soon. 
• Loss of Emotional Support and Guidance – Grieving spouses are also entitled to compensation for the loss of emotional support and guidance they experience as a result of no longer having their life partner available to consult and provide comfort. 
• Loss of Companionship – Grieving spouses are entitled to compensation for their loss of companionship after a fatal accident in Arkansas as well. This includes the loss of joy from no longer being able to spend time with their spouse. 
• Loss of Sexual Relations – Under Arkansas law, grieving spouses also have the right to receive financial compensation for the loss of their ability to have sexual relations with their loved one following a fatal accident. 

These are just broad categories. Fatal accidents can impact surviving spouses’ lives in different ways, and everyone processes grief differently. If you have a wrongful death claim involving the untimely death of your spouse, our lawyers can help you understand the specific losses you are entitled to recover. 

Loss of Consortium: Calculating Damages in a Wrongful Death Lawsuit 

When it comes to calculating loss of consortium damages in a wrongful death lawsuit, several factors come into play. Once again, everyone’s circumstances are different, and the law focuses on trying to provide fair compensation under the circumstances at hand. With this in mind, some of the factors that are generally considered include:

• Each spouse’s age and life expectancy at the time of death 
• The duration of the marriage
• The closeness of the spouses’ relationship
• The degree to which the fatal accident impacts the surviving spouse’s daily life

Photos, videos, statements from friends and family members, and various other forms of evidence can be used to establish loss of consortium damages after a fatal accident. Here too, our lawyers can guide you forward, and we can help make sure you are seeking the full compensation you deserve. 

Other Damages Available in a Wrongful Death Lawsuit in Arkansas

While seeking loss of consortium damages is one important aspect of filing a wrongful death lawsuit in Arkansas, grieving spouses can seek various other types of damages as well. This includes damages that are both financial and non-financial in nature. 

Losing your spouse in a tragic accident can take an enormous toll on your life. Your financial and non-financial losses can accumulate quickly, and they can continue accumulating for the rest of your life. From covering your funeral expenses to replacing the loss of your spouse’s income and getting the care you need to cope with your emotional trauma, we can help you seek all of the damages to which you are legally entitled. 

Discuss Your Case with an Arkansas Wrongful Death Lawyer for FREE 

If you’ve lost your spouse in a fatal accident, we offer our sincere condolences. This is an unimaginable loss, and we understand how overwhelming it can feel to consider legal action while grieving. But seeking justice, including compensation for loss of consortium, can be an important part of finding stability and closure.

At Oliver Law Firm, our attorneys bring more than 60 years of combined experience helping Arkansas families through the aftermath of tragic, preventable accidents. We know how to navigate the complexities of wrongful death lawsuits with compassion, care, and the determination to hold the right parties accountable. Your loss is deeply personal—your legal representation should be too.

Contact Oliver Law Firm today online or at (479) 202-5200 for a FREE case evaluation. We serve clients across Arkansas and throughout the United States from our office in Rogers, AR.