It is a devastating ordeal when families experience the loss of a loved one due to someone else’s negligence. This experience can leave families grappling with a range of emotional, financial, and legal challenges. In Ohio, the legal term “loss of consortium” can be a crucial source of support for families dealing with the aftermath of such a tragedy. In this blog post, we clearly define “loss of consortium” and explain how it can be a lifeline for grieving families in Ohio. We also discuss the necessary steps you must take if you believe that you qualify for these significant legal remedies.
What is the “Loss of Consortium” in Ohio?
Loss of Consortium refers to the deprivation of the benefits and companionship that a family member would have received from the deceased if not for their untimely passing. This includes emotional support, companionship, love, and even assistance with day-to-day activities.
In Ohio, loss of consortium is recognized as a compensable damage in wrongful death cases. This means that surviving family members may be entitled to seek compensation for the loss of these intangible, yet deeply meaningful, elements of their relationship with the deceased.
Benefits of Pursuing Loss of Consortium Claims
There are many benefits to pursuing loss of consortium claims. You and your family can recover the following damages for your wrongful death claim:
- Acknowledgment of Emotional Distress: Losing a loved one has profound emotional consequences. Pursuing a Loss of Consortium claim acknowledges and provides compensation for the emotional distress endured by the surviving family members.
- Financial Relief: In many cases, the loss of a family member can lead to financial strain, especially if the deceased was a primary breadwinner. Loss of Consortium compensation can help ease this burden by covering expenses and lost support.
- Maintaining Quality of Life: Loss of Consortium compensation can provide resources to help maintain the quality of life that the deceased would have contributed to. This may include assistance with childcare, household tasks, and other day-to-day responsibilities.
- Ensuring Future Support for Children: If the deceased was a parent, Loss of Consortium compensation can play a crucial role in securing the financial and emotional well-being of the surviving children, ensuring they receive the care and support they need.
Steps To Consider After a Wrongful Death
When losing a loved one, it can be extremely difficult to figure out what your next steps should be. To seek justice and compensation for loss of consortium, you should follow these steps:
- Consult with a Knowledgeable Attorney: To navigate the complexities of wrongful death and Loss of Consortium claims in Ohio, it’s essential to seek legal counsel from an experienced attorney specializing in this area.
- Gather Evidence: Work closely with your attorney to gather relevant evidence that demonstrates the impact of the wrongful death on your family. This may include medical records, expert testimonies, and documentation of emotional distress.
- Establish Causation: It’s crucial to establish a clear connection between the wrongful act or negligence that led to the death and the resulting loss of consortium. Your attorney will help build a compelling case in this regard.
- File a Timely Claim: The Dayton wrongful death attorneys at Brannon Law Firm emphasize that you must file your claim within Ohio’s statute of limitations. The statute of limitations for wrongful death claims allows a two-year period from the date of the individual’s passing to file a claim. If you exceed this timeframe, the court is likely to dismiss your case. Failing to adhere to this deadline carries significant consequences. A dismissed claim means you won’t be able to recover damages for the wrongful death, including compensation for pain and suffering, lost earnings, funeral expenses, and loss of Consortium.
After a wrongful death, families in Ohio can find support through Loss of Consortium claims. This legal option recognizes the emotional and financial impact of losing a loved one, offering a way to seek compensation and find some peace. Understanding the benefits of Loss of Consortium and working with an experienced attorney can help families during this tough time. If you think you may be eligible for Loss of Consortium, reach out to a qualified attorney for guidance and support.
Meg is an author at Cinnamon Hollow. She writes on a variety of topics sharing tips and ideas for daily life.