In Iowa, consortium claims involving children may involve a parent suing for injury and death of a child or a child suing for injury or death to a parent ~ aka the loss of parental consortium.
A child’s claim to damages caused by the death or injury of a parent to an accident, defective product, medical malpractice or other personal injury represents what the injured or deceased parent would have provided to his or her child if they had not been injured or had survived. Loss of parental consortium may compensate for the loss of economic support as well as loss of the injured or deceased parent’s company, affection, cooperation and assistance.
Determining the value of loss of consortium includes factors such as the injured or deceased parent’s age at the time of injury or death, their life expectancy, the injured or deceased parent’s skills, training and education at the time of injury or death, their income, and the present and future needs of the child until age 18. The injured of deceased parent’s parental duties, including their ability to provide guidance, instruction, or assistance to the child prior to injury or death will also assessed.
If a minor child is injured or killed in a personal injury accident, the parent may recover loss of consortium damages, however, only in cases where an “adult child” dies can a parent sue for the expense and actual loss of services, companionship and society.
Call Humphrey Law Firm, P.C., at 515-331-3510 to schedule your free consultation. All our clients pay nothing up front to be represented by a wrongful death attorney with over 3 decades of trial experience.