Loss of consortium after a fatal car crash
Whether you have been with your spouse for years or just a few months, you probably worry whenever he or she is late returning home. If the cause of your partner’s tardiness is a fatal car accident, your life may never be the same again. After all, you rely on your husband or wife for love, companionship, support and a seemingly countless number of other things.
In 2018, 921 drivers passengers or pedestrians lost their lives in traffic accidents on Missouri’s roadways. Many of these people had loving families, including spouses. If your husband or wife dies in a crash that a negligent driver caused, you may be able to pursue compensation for your loss of consortium.
Understanding loss of consortium
Many feelings, activities and obligations go into making a marriage work. In Missouri, a loss of consortium claim helps compensate you for lost love, affection, support, sexual intercourse and companionship. Said another way, even if you were far from the accident scene, you may have sustained ongoing emotional injuries in the crash. A loss of consortium claim may provide fair compensation to help with your recovery.
Proving your case
Even though a loved one’s death may affect many members of the family, Missouri law only allows married spouses to bring a loss of consortium claim. If you lost your spouse in an automobile accident, you must show that you have suffered an actual injury due to the death of your partner. Because no two marriages are identical, you may have more or fewer damages. Regardless, you may need to discuss the intimate details of your relationship.
If a negligent driver caused a car accident that killed your husband or wife, you may miss out on the love, companionship, affection and support that marriage provided. While receiving monetary compensation for your lost consortium can never fill the void, it may help you pick up the pieces and move forward with your life.