Can I get compensation for loss of companionship?
When a husband or wife becomes deceased in an event that results in a wrongful death claim, the surviving spouse may be entitled to compensation in what is referred to as loss of companionship.
Loss of companionship is not a claim on its own. However, it can be considered within a wrongful death case under an umbrella of claims knows as Loss of Consortium. The idea behind these claims is that the spouse has been deprived of the loved one’s companionship.
The burden of proof will lie on the surviving spouse to show the court how the loss of their spouse has caused significant emotional and physical stress. A thriving marital relationship will need to be shown and witnessed. Of course, this claim will likely be much easier to evidence for couples who have been married 20+ years, than it will be for newlyweds.
Jurors in the state of Florida have not historically been known to grant substantial loss of companionship payments due to the belief in marriage vows of “for better or for worse, in sickness and in health.” Though a wrongful death has a ripple effect to any family, generally the only ones entitled to compensation are the legal spouse of the decedent, and the children of the decedent. There are no set amounts of compensation for these claims, and it is often quite difficult to determine if they will be awarded by a jury.
Speaking with an experienced wrongful death attorney can help determine what types of compensation could be applicable to your specific situation and how to seek the compensation warranted. It is a great place to start to ensure protection for you and your children while rebuilding your life after a tragic event.
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