Personal Injury Claims & Loss of Consortium
If an accident seriously injured someone close to you, typically a spouse but anyone of similar intimacy, California provides a means of recovering specific compensation. Loss of consortium is quite commonplace in injury claims related to car accidents and work injury suits.
The reason for such allowances are obvious—not only the victim of someone’s negligence is affected. When it comes to devastating and catastrophic injuries, a person’s entire family is impacted, and it is the family and loved ones who will typically be charged with providing for a severely injured loved one who could potentially be unable to perform simple tasks such as housework or provide the emotional support and guidance which they would have had they not been injured.
The state recognizes that people benefit those close to them in ways that are not necessarily material and economic. Whole families are hurt when a member is seriously harmed.
Also termed loss of companionship, this is classed a non-economic or general damages which can be included in a personal injury claim. Loss of consortium attempts to take into account for the burden, hardship, and mental suffering as it pertains to the victim’s spouse.
What can be accounted for in a loss of consortium case?
Loss of consortium can be invoked for any of the following:
- Loss of moral support
- Loss of the enjoyment of your marriage
- Loss of the ability to have children
- Loss or reduction of enjoyment in conjugal relations
- Loss of financial support previously supplied by the injured
- Loss of emotional support and comfort
Courts will take several factors into consideration when determining how much financial compensation to award you, such as how long you were married to the injured or decedent, how severe the injuries are, and the life expectancy of both partners. For instance, if your partner sustained mostly superficial injuries and is expected to recover quickly, your Los Angeles personal injury lawyer could have a much harder time establishing the necessary degree of harm for compensation.
Who is allowed to bring a loss of consortium claim?
While some states will also allow a child or parent to file loss of consortium claims, in California only married spouses or registered domestic partners can be compensated for their loss of consortium. Further, the marriage must have taken place before the injury occurred.
For those who have been injured, or those whose loved one was injured, you have the legal right to pursue financial compensation. Don’t let another person’s negligence ruin your quality of life—call the Law Offices of Jacob Emrani to begin your case!