Loss of consortium damages in a wrongful death lawsuit

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It certainly goes without saying that the sudden and unanticipated loss of a loved one is Edmond is a devastating blow to your to your life. Not only are you left to deal with the emotional void that their loss leaves you with, but also the lack of financial support they may have provided to you, as well.

It is due to the latter that most think one would have justification in seeking our services here at Maples, Nix & Diesselhorst to file a wrongful death lawsuit. Yet the former is also a loss for which you may deserve compensation. The question then becomes whether or not the law allows for it.

Defining “loss of consortium”

A legal principle exists known as “loss of consortium” which recognizes the value that one may contribute to your life outside of financial support. If that person is a parent, then you no doubt suffer from the loss of the guidance and counsel they offered you. If a child, then their loss deprives you of the of the treasured parental bond you shared. If your spouse, then their sudden death takes away the intimacy and companionship you shared as a married partner.

Loss of consortium damages seek to compensate those losses (in some way) through a monetary award. However, many states place restrictions on the types of non-monetary damages (damages that cannot be directly measured, as the loss of income can be) available in a civil case.

Oklahoma’s loss of consortium law

Rulings issued by the Oklahoma Supreme Court recognize that the state does allow for damages for the loss of spousal consortium. This means that you can indeed press for such damages in a wrongful death lawsuit, but only if the decedent was your spouse.

You can find more information on wrongful death liability regulations throughout our site.

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