How to calculate the loss of companionship in a lawsuit?
What Is Loss of Companionship, Guidance, and Protection – And How Is It Calculated?
The spouse, child, or parent of a fatal accident victim can no longer spend time with their loved one. There’s no more walking hand-in-hand, playing catch with a child, or laughing at the same jokes. Spouses can no longer be romantic with their wife or husband. Children can’t learn the family history, how to tie a shoe, or review their homework with a deceased parent. Parents can no longer share memories and joys with a son or daughter. The law provides a remedy: the loss of companionship.
Wrongful death damages
Florida understands how devastating the loss of a family member is. Wrongful death damages include the loss of financial support the deceased would have provided. Many survivors grieve over the loss of the a relative They have the right to be compensated for their mental pain and suffering. The family has the right to be reimbursed for any funeral and burial expenses.
Florida also allows the following rights of recovery:
- The loss of the decedent’s companionship and protection
- Minor children. The loss of parental companionship, instruction, and guidance.
- Adult children if there is no spouse. The loss of parental companionship, instruction, and guidance
What Is Loss of Companionship?
Loss of companionship includes many things such as emotional support and friendship. An experienced wrongful death attorney will review all the things your loved one did for you during course of a day, a week, a month, and a year. Lost companionship includes:
- Daily conversation
- Sharing memories of the past and dreams of the future
- Being there for you during the good times and the bad times
- Intimacy between spouses
It also includes many small things that do save time and money such as doing household chores and driving children to their games and to school.
Spouses and parents take the necessary steps to make sure their loved ones are safe. They take them to the doctors when they’re ill. When a spouse or parent dies, life becomes a lot harder for the survivors.
What is loss of instruction and guidance?
Every child learns about life from their parents as well as their teachers. Parents make sure kids are doing well in the school. They help children with their social skills. Moms and dads work to select after-school activities and hobbies for their children. They help forge bonds with siblings, with aunts and uncles, and with the community. Parents guide their children’s religious beliefs. They attend recitals and other events. When one parent dies, the child loses many of these life-affirming necessities – even when the other parent tries to do the job of two parents.
How is a dollar value placed on the loss of companionship and other intangibles?
There’s no precise mathematical way to place a value on the loss of emotional support, companionship, and other personal damages. Experienced lawyers will explain and document how your life is different because a family member died too soon. Evidence includes:
- Statements from psychologists, psychiatrists, and other mental health professionals
- Statements from an employer or teacher. These statements confirming an inability to work or learn.
- A detailed account of the things the victim did for the survivor before he/she died
- The need to hire outside services such as day care professionals and coaches
The intangibles, including pain and suffering, are then compared to the case results of other victims. Prior settlements and jury verdicts are reviewed. Your family situation is compared for similarities and differences.
Speak with a strong advocate if a loved one died due to the fault of another
Our lawyers have more than 30 years of experience representing the families of personal injury victims. At Lulich Attorneys and Consultants, we understand how to prove fault. We understand how to prove the life of a survivor has been changed. To talk with an experienced Florida wrongful death lawyer, please call 772-589-5500 (Sebastian) or 772-774-7771 (Vero Beach).