LEXINGTON AUTO ACCIDENT LAWYER SAYS KENTUCKY REJECTS GRANDPARENT LOSS OF CONSORTIUM CLAIM.
April 28, 2015
As a Lexington Auto Accident Lawyer for over 29 years, I am aware that the Kentucky Court of Appeals rejected a grandparent’s attempt to assert a loss of consortium claim in an auto accident case. Before I explain the ruling in this case, I need to explain generally the nature of a loss of consortium claim.
“Loss of consortium” is a claim for loss of society and affection of a person of close family relationship when someone is killed or injured as the result of the negligence of another. In Kentucky, three types of loss of consortium claims are allowed: (1) a child, under the age of 18, can make a claim for the loss of society and companionship of a parent, who is killed as a result of the negligence of another; (2) a parent can make a claim for the loss of companionship and society of the child if the child is killed and (3) a spouse can make a claim for loss of consortium when their spouse is killed or injured by another.
In the case before the Kentucky Court of Appeals, a grandparent attempted to bring a loss of consortium claim due to the death of a nine-year old girl that occurred when the grandparent dropped her off to get on her school bus and a MSD truck hit her as she crossed the road. Although, I agree with the court that grandparents generally should not be allowed to make a loss of consortium claim, I believe the Court of Appeals made a poor decision in this case because the grandparent was also the legal guardian for the child. The grandparents were de facto parents and should have been able to make a claim for parental loss of consortium.
The Troutman Law Office has been representing victims of auto accidents since 1986 and if you have been a victim of the negligence of another in an auto accident, please feel free to contact Lexington Auto Accident Lawyer Matt Troutman or by email at email@example.com. Speak with a lawyer today!