When a spouse is killed due to the negligence of another, a surviving spouse may sue the responsible party for loss of consortium.
What is Spousal Consortium?
Spousal consortium refers to the fellowship between spouses and the right of each spouse to benefit from their relationship in terms of financial support, company, aid, affection and more. If a spouse dies, the surviving spouse may recover damages for what a deceased spouse “would have” contributed if they had survived.
In terms of economic support a deceased spouse would have contributed, a court will consider many factors such as the deceased spouse’s age at the time of death, their life expectancy and that of the surviving spouse, what skills, training and education the deceased possessed, their income, and the present and future needs of the surviving spouse.
As for the value of the deceased spouse’s services, the court often looks to the deceased spouse’s age at the time of death, their spousal duties, the guidance, instruction or assistance the deceased provided to the surviving spouse, all generally referred to as “marital benefits” or “services” that the couple enjoyed prior a spouse’s untimely death due to an accident or medical error.
Contact A Des Moines Wrongful Death Attorney for Assistance
When a tragic wrongful death accident occurs, nothing will prepare you for the horrible turn in your life. You can rely on Marc Humphrey to devote the highest level of compassion, care, preparation and personal attention to you. Get an experienced Iowa personal injury and wrongful death claim advocate on your side. All cases are taken on a contingency fee basis, meaning you pay nothing to be represented by an attorney that has over 3 decades of trial experience until your case is finalized. When you have questions regarding what compensation is available from loss of spousal consortium through an Iowa wrongful death claim for a surviving spouse or child, contact personal injury attorney Marc Humphrey for assistance today at 515-331-3510.