How is loss of companionship covered in a wrongful death case?
Like other damages claimed in a personal injury or wrongful death case, loss of companionship damages are paid to the party or parties that successfully prove them at trial. In Florida the immediate family members of a wrongful death accident victim may allege that the loss of their loved one deprived them of love, closeness and other positive factors and that the responsible party should be held liable for those intangible losses. The remainder of this post will discuss some of the ways a plaintiff may show that they should be awarded loss of companionship damages.
First, a plaintiff may claim and seek to prove that they and the deceased victim were very close and that their relationship was strong. If a person and the deceased victim often fought or shared a contentious relationship it may be more difficult for the plaintiff to prove that their life will be negatively impacted by the wrongful death.
Second, a plaintiff could show that proximity and involvement in each other’s lives made them close. When a plaintiff and a wrongful death victim lived in the same home, worked for the same goals and achievements, shared children and had other important tasks and responsibilities in common it may strengthen the proof the plaintiff needs to prevail on their loss of companionship claims.
Finally, a plaintiff may have to explain why they should receive loss of companionship benefits after a wrongful death if the plaintiff and deceased victim were often separated from each other. If a deceased victim and plaintiff were planning to divorce then it may be hard to prove this claim for damages though if a victim and their spouse traveled a lot for work and were not separated by choice them the one’s claim for loss of companionship damages may be stronger.
Readers are encouraged to seek specific answers to their legal questions through consultation with personal injury attorneys. This post provides an introduction to a complex legal topic and should not be relied upon as advice.
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