Fatal motor vehicle accidents rob many families of someone they love and cherish each year. While it is nearly impossible to assign a monetary value to the many ways a person enhances the lives of others, Kentucky is one of the states that allow the bereaved to do so. In legal terms, this is known as loss of consortium, but you may know it as loss of companionship.
In the eyes of many, the loss of consortium rule is an archaic part of tort law that should be abolished. However, we believe that the rule plays a crucial part in how bereaved family members cope in the aftermath of a fatal motor vehicle accident caused by negligence. With that said, families suffering the loss of a loved one should think carefully before committing to this solution.
To pursue loss of consortium, you and other family members may have to reveal sensitive information about your relationship with the deceased. This is because a successful claim involves showing a court how losing a loved one affected your personal lives. Usually victims must show that the death resulted in the loss of love, companionship, sexual intimacy and other relationship benefits.
As such, families hesitant to divulge these deeply intimate details may opt to exclude loss of consortium from any remedy they seek. A great way to decide if you wish to move forward with this element of wrongful death is to take your case to an attorney. This can help you understand the pros and cons of this remedy as well as its risks and benefits.
Fatal motor vehicle accidents will likely continue to make an impact on families in Jefferson and other cities. To find out what you can do after suffering such a loss, we invite you to explore the information on our website.