The most significant difference between a wrongful death and loss consortium claim is the filing party, how proceeds are distributed, and types of damages recovered.
Wrongful death claims seek damages are filed by the personal representative of the wrongful death estate with statutory beneficiaries receiving proceeds. In contrast, loss of consortium claims are independent legal actions brought by a surviving spouse or children to recover damages suffered.
In This Post
This blog post will examine the differences between wrongful death and loss of consortium claims, similarities, considerations, and how you can move forward in the claims process. If you have specific questions about your case, speak with a wrongful death attorney in New Mexico.
What Is a Wrongful Death Case?
Wrongful death cases are brought against a party who negligently caused your family member’s death. Instead of any single individual filing a claim, the lawsuit is brought against the other party on behalf of the decedent’s wrongful death estate.
Since the personal representative on behalf of the estate files the case, all proceeds and distributions from are distributed to beneficiaries specified in the Wrongful Death Act.
What Is a Loss of Consortium Claim?
Loss of consortium claims are standalone lawsuits brought by surviving family members, usually spouses or children, on the grounds of negligence. Typically, they are alleging that the loss of the family member has impacted them negatively and should be compensated as such for comfort, companionship, love, and affection.
Differences Between Wrongful Death and Loss of Consortium Claims
Wrongful death and loss of consortium matters have differences and similarities in how they are handled. Here are a few differences between the two:
- Difference #1: Filing parties – Wrongful Death Personal Representatives file a wrongful death case while surviving family members file loss of consortium claims.
- Difference #2: Proceed distributions – Proceeds go to named wrongful death statutory beneficiaries in wrongful death claims, whereas loss of consortium awards go to the claimant.
- Difference #3: Damages awarded – Wrongful death claims award the Wrongful Death Estate for the benefit of the Wrongful Death beneficiaries while the loss of consortium claims award the losses of specific individuals.
If your loved one passed away due to another person’s negligent actions, you can file a claim for wrongful death and loss of consortium damages. Speak with an attorney for advice to help you navigate the claims process on your behalf. We will avoid legal mistakes while you concentrate on your emotional and financial recovery.
Similarities Between Wrongful Death and Loss of Consortium Claims
There are a few similarities between wrongful death and loss of consortium claims. Here are three as described below:
Similarity #1: Statute of Limitations
First, the statute of limitations is three (3) years in New Mexico, which is the deadline for filing both types of cases. Missing this deadline will result in a forfeiture of your rights to file a case.
Similarity #2: Comparative Negligence
Second, New Mexico follows comparative negligence rules, which means that you may receive an award by a percentage of fault exhibited by the defendant. For example, if your case is worth $1 million and the defendant is 80 percent at fault, then you may receive $800,000.
Similarity #3: Proof of Negligence
Third, you must prove that negligence occurred. Negligence occurs when someone owed your family member a general duty of care, breached that duty, and caused his or her death. Hire a New Mexico wrongful death lawyer to investigate your case and preserve evidence that proves negligence.
Wrongful Death and Loss of Consortium Considerations
The facts and circumstances of your wrongful death or loss of consortium claim determine how much money you can receive and who receives it. Due to the vast complexities of personal injury law, it is essential that you understand your legal rights and options when pursuing this type of claim.
Since wrongful death claims are strictly governed by New Mexico state law, there are specific issues to address, including:
- When your loved one passed away
- Who can file the wrongful death and survival action claim
- What types of damages you are claiming
- Why the fatal accident occurred
- Where the fatal accident occurred
- And more
For wrongful death cases, it is essential to keep in mind that the wrongful death personal representative files the claim on behalf of the wrongful death estate. It is important to carefully consider who is selected to be the wrongful death personal representative. Make sure and talk to a New Mexico wrongful death attorney in order to make the best decision possible.
Speaking with a New Mexico Wrongful Death Lawyer
We understand that money does not bring your loved one back to life, but it can help pay for your future losses while holding your detractors accountable. If a loved one has passed due to negligence, speaking with a New Mexico wrongful death attorney may help ease your burden. We will stand by your side throughout the entire legal process.
Free Case Evaluation with a Compassionate Legal Team
Contact our legal team at (505) 426-8711 to schedule a Free Case Evaluation or message us at the form below. If you hire us, we will not charge advanced attorneys’ fees to represent your case.
