It is never easy to lose a loved one, but it becomes more difficult when that person dies as a result of the actions of someone else. Everything you lose because of this other person’s actions become quite apparent as you begin moving forward in life without your loved one.
The court gives you the opportunity to take the person to court for wrongful death. When you file your lawsuit, you can choose to ask for damages for loss of consortium, which the Colorado Judicial Branch defines as the nonmonetary loss you experience from the death.
What falls in this category
Loss of consortium may include that you no longer have the companionship of your loved one. It may include the loss of affection. It also incorporates loss for the role your loved one played in your family and the chores or duties he or she had. For example, your loved one may have always fixed your vehicles when they break down but you lost this when you lost him or her. It is any loss that goes beyond his or her financial contributions to your household.
Elements
You do have the burden of prove to show your loss of consortium. You must not only prove the other person’s negligence led to the death of your loved one but also you need to show what you have lost and the effects the death has had on your life. The court wants to know the extent by which the death influences your life and affects your way of life before it can rule in your favor and issue damages on this basis.
