How Washington Calculates Loss of Consortium in Wrongful Death Claims
In this life, there are two things you simply cannot put a price on: Love and loss. Regardless of age, background or circumstance, the unexpected loss of a spouse or partner can be Earth-shattering and life-altering for those left behind. Losing a loved one due to someone else’s negligence, however, can be even more devastating for grieving companions who are tasked with picking up the pieces and rebuilding their lives on their own.
In Washington State, wrongful death claims allow surviving family members to seek compensation for both economic and non-economic losses to account for the financial and personal impact of a loss. Some claims also account for what is known as “loss of consortium”: the loss of companionship, love, affection and support a person experiences after losing a loved one. Let’s take a closer look at how loss of consortium is calculated in the state of Washington and explore how an experienced wrongful death lawyer can help grieving loved ones fight for the compensation they deserve.
Loss of consortium: In a nutshell
Loss of consortium is a legal term used to encompass the emotional and relational harm incurred by partners and family members following the wrongful death of a loved one. In most cases, the losses factored into claims for loss of consortium include:
- Loss of love and affection
- Loss of companionship and emotional support
- Loss of sexual intimacy for spouses
- Loss of household services or caregiving
- Loss of parental guidance (in cases involving children)
In Washington, loss of consortium falls under the umbrella of non-economic damages, meaning they do not come with a straightforward dollar value. Instead, courts must rely on testimony, expert opinions and the specific facts of a case to determine how much compensation should be afforded to those grieving the untimely loss of a loved one.
Who can claim loss of consortium?
Under Washington law, only certain individuals are entitled to file a claim for loss of consortium in wrongful death cases. Generally speaking, you would be within your rights to file a claim for loss of consortium if you are:
- The surviving spouse or state-registered domestic partner of the deceased
- The child or stepchild of the deceased
- The parent of a deceased minor child
- The parent of an adult child, under certain conditions
In 2019, the Washington state legislature – largely in response to the 2015 “Ride the Ducks” crash – updated its wrongful death statutes to permit parents of adult children to file claims for loss of consortium if the adult child in question was unmarried and had no children. This expansion takes into account the emotional toll an expected loss can take on a family and grants much-needed recourse to grieving parents seeking compensation in the wake of a tragedy.
How does the court calculate damages for loss of consortium?
While economic damages like medical bills, lost wages and funeral costs can be easily tabulated based on documented expenditures, non-economic damages like those related to loss of consortium are not always easy to calculate. Because the emotional impact of a wrongful death cannot be objectively tied to a particular dollar amount, courts and juries must assess the impact of the loss based on certain components of the case, such as:
- The closeness of the relationship: How emotionally and physically close were the parties? Were they active partners in life, love and caretaking?
- The age and health of the deceased: A young, physically healthy spouse or family member may have had more years ahead of them to offer companionship, care or other support to their loved ones.
- Shared responsibilities: If the deceased played a major role in household duties like parenting, caregiving or providing emotional support, the court may see fit to increase the damage award.
Courts often rely on personal testimony to help convey the daily impact of a loss, and the final calculations are typically left to the discretion of the jury assigned to the case. There is no set formula for determining the “correct” amount of loss of consortium damages, and the state of Washington does not impose a cap on non-economic damages. This means grieving family members should seriously consider partnering with a trusted and experienced wrongful death attorney in order to maximize their potential settlement amount.
The role of a wrongful death lawyer
Loss of consortium is a deeply personal and fairly subjective matter, which can make it very difficult to “prove” a particular amount of damages in court. An experienced Seattle wrongful death lawyer can help streamline this complex legal process by:
- Leveraging recent court decisions to advocate for the rights of second-tier beneficiaries like siblings
- Gathering testimony from friends, family and mental health professionals to highlight the scope of a loss
- Presenting expert witnesses like grief counselors, trauma therapists and economists who can underscore and quantify the value of lost household services, physical intimacy or emotional support
- Building a comprehensive, fact-driven case to fight for a substantial and just financial award in the absence of a clear benchmark or compensation formula
Without skilled legal representation, it is easy for the damages included in a loss of consortium claim to be undervalued, overlooked or misunderstood. That’s why it’s critical for grieving families to consult a knowledgeable attorney as soon as possible after a loss to set the right course for a successful wrongful death and loss of consortium claim.
Remember, Washington imposes a 3-year statute of limitations in wrongful death cases, which means time is of the essence if family members hope to file a successful claim for loss of consortium and other damages.
A wrongful death lawyer who fights for you
Loss of consortium is one of the most emotionally charged elements of a wrongful death claim. In Washington, the law recognizes that the emotional harm caused by the sudden loss of a loved one is just as valid and life-altering as the financial harm wrongful death claims typically seek to alleviate.
If you and your family are navigating the pain of a wrongful death and wondering what your legal options are, you don’t have to go it alone. The respected trial attorneys at Smith McBroom Injury and Accident Lawyers have over 20 years of experience delivering compassionate, comprehensive legal support to grieving families in Seattle and the surrounding areas. While we recognize that no amount of money will ever truly make up for your loss, we are firmly committed to helping you fight for the compensation you need to grieve with grace and dignity.
Give us a call today or fill out our contact form for a free case consultation. We can walk you through your legal options, help you decide on next steps and offer an attentive, empathetic ear during this difficult time.