To lose anyone close to you to a sudden accident or unanticipated circumstance in West Virginia can be traumatic. Yet depending on the extent of your relationship with the decedent, you may feel that loss even deeper than most may anticipate.
Ask any of our past clients here at Umina Legal, and they can tell you just how devastating the loss of an immediate family member can be (and by extension, how difficult to can be to recover from such a loss). Often that impact goes far beyond whatever financial support your family member provided.
The pain of the loss of companionship
Indeed, while their paycheck may have helped to keep the lights on, it could not provide you with the love and support they themselves delivered. The lack of such support typically leaves a much greater void in your life (and is that much more difficult to replace). Lawmakers realize this, and thus often create statutes that allow for indirect compensatory damages in wrongful death lawsuits. Chief among these are damages for loss of consortium, which can include any of the following:
- The loss of companionship
- The loss of advice and guidance
- The loss of affection and intimacy
To qualify for damages due to loss of consortium, you typically had to share a special relationship with s decedent. This can include marriage (or romantic partnership), or a parent-child bond.
West Virginia’s loss of consortium law
Indeed, according to Section 48-29-302 of the West Virginia Code, spouses can indeed seek loss of consortium claims. There may be unique circumstances where a parent may qualify for indirect damages due to the loss of a child, yet such scenarios may be rare. Minor children can often receive compensation for the loss of a parent through other avenues.
You can find more information on wrongful death regulations throughout our site.