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Loss of consortium explained

On Behalf of | Sep 11, 2020 | Wrongful Death

One stigma that many of those who come to us here at the Sutten Law Group, LLC for help with filing a wrongful death lawsuit is the perception that they may simply be attempting to profit off their loved ones’ deaths. Yet after experiencing the sudden and unanticipated loss of a family member or close friend, you understand that the motive for such action is instead compensation.

Such compensation might serve to offset the loss of the financial support your loved one provided. Yet what about the emotional void they also leave behind?

Dealing with the loss of a loving relationship

That loss often has a greater impact than whatever assistance your loved one’s salary provided. Yet the law entitles you to receive compensation for that, as well. Damages for loss of consortium help to make up for the deprivation of a loving and supported relationship. Per New Mexico’s Civil Jury Instructions, to qualify for such damages, you must show that you and the decedent had a mutually dependent relationship. The law defines “mutually dependent relationship” in this context as one which would make it difficult to fully enjoy life after having endured the other’s loss.

Factors used to determine mutual dependence

When considering whether your relationship was mutually dependent, jurors should take into account elements such as:

  • How long your relationship lasted
  • The degree to which you depended on each other
  • The quality of your shared experiences
  • The contributions you each made to the other’s life
  • Whether you both resided in the same household

Legal precedent in the state often requires that eligibility for damages for loss of consortium is typically limited to spouses and blood relatives. You can discover more information of dealing with a wrongful death by continuing to explore our site.