Is it possible to redeem damages for loss of companionship if your spouse has been killed in an accident?

My husband was killed in a car accident four months ago. I know I can sue for the loss of his income, but can I also sue for the loss of his companionship? He had been unemployed for two years at the time, so I’m not sure how much the court would give me based on income.

Answers (1)

First, please accept our sympathy and condolences on your loss.

While you need to check the law of your state, as a general matter, you can sue for loss of companionship damages, which are often called loss of consortium.  Depending on your state, these damages can be limited to the loss of a spouse, or sometimes may extend to loss of other family members. Some states limit recovery to compensation for the loss of marital or conjugal relations, while others permit recovery for loss of a spouse’s companionship and household help. A personal injury attorney can help you determine what losses your state would allow you to recover for.

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