How to Prove Loss of Consortium in California

More than 900,000 adults lose their spouses or partners each year. If an accident occurs, resulting in the injury or death of a loved one, you may be able to prove loss of consortium. Loss of consortium is the harm and distress that results from losing a loved one’s emotional support, affection, care, and companionship.

Consulting with a California personal injury attorney is crucial for navigating loss of consortium claims. The award-winning personal injury attorneys at Younglove Law Group have experience helping victims of all types of personal injury, pursuing compensation for the damages victims have suffered. Loss of consortium applies to the spouse of an injured or deceased party, similar to the common law claim of alienation of affection.

What is Loss of Consortium?

Loss of consortium is a type of non-economic damage that can result from personal injuries caused by accidents, negligence, or wrongful acts. It refers to the deprivation of the benefits of a family relationship, including companionship, affection, and intimacy. In California, loss of consortium claims are filed by spouses or registered domestic partners of an injured person, seeking compensation for the emotional and relational impacts of the injury on their marital relationship. These claims recognize the profound effect that an injury can have on the uninjured spouse, beyond the physical and financial aspects.

Who Can File a Consortium Claim in California?

In California, only spouses or registered domestic partners of an injured person can file a consortium claim. Children, unmarried cohabitants, and romantic partners are not entitled to consortium compensation. To qualify for a consortium claim, the couple must have been legally married or registered when the injury occurred. The injured spouse’s expected lifespan and reduction in quality of life are factors that impact the value of the loss of consortium claim. This ensures that the compensation reflects the long-term effects on the marital relationship and the uninjured spouse’s well-being.

What Injuries May Be Included in a Loss of Consortium Claim?

Loss of consortium claimants can only recover their non-economic damages. These are subjective in nature and include harms resulting from the loss of:

Comfort
Love
Companionship
Society
Affection
Solace
Moral support
Sexual relations
Help with maintenance of the home
Ability to have children

In severe cases, including permanent injury, the amount of compensation awarded can be significantly impacted.

An individual may claim damages for any of the items on this list following the loss or injury of their husband, wife, or registered domestic partner.

California Loss of Consortium Laws

California law recognizes loss of consortium as a cause of action separate from the personal injury case. The state considers it a non-economic (non-monetary) loss following a personal injury. To prove a loss of consortium claim, the uninjured spouse must work with their attorney to place an appropriate dollar amount on their losses. Expert testimony and other forms of evidence are used to determine the past and future loss of the companionship and services of the injured spouse. This process involves a detailed examination of how the injury has altered the dynamics of the marital relationship and the uninjured spouse’s life.

How Can I Prove Loss of Consortium in California?

If you are trying to prove loss of consortium in California, you must provide proof of the following:

Legal marriage: Legal marriage or registered domestic partnership must have been valid at the time of the injury or death.
Spouse or partner was wrongfully injured: The spouse or partner of the victim may have to prove that they were injured due to an act of negligence.
Loss of consortium: The spouse of the injured victim must detail all the ways their relationship has changed due to the loss of consortium. This includes documenting how the injured spouse’s physical and behavioral changes have affected the marital relationship. This can be an uncomfortable and involved process.
Injury caused the loss of consortium: You must prove that the injury caused the loss of consortium. If you fail to do this, your claim may fail.

It may be challenging to understand the steps of proving loss of consortium in California, so partnering with an experienced personal injury attorney may help build your claim. The goal is to seek compensation for the emotional and relational impacts of the injury.

Comparative Negligence and Consortium Claims

If the injured spouse was partially at fault for the cause of the injury or accident, the loss of consortium claim could be reduced. California’s comparative negligence laws apply in loss of consortium cases. The recovery will be reduced by the injured spouse’s percentage of fault for the accident. For example, if the injured spouse was 20% at fault for the accident, the loss of consortium award will be reduced by 20%. A personal injury attorney can help navigate the complexities of comparative negligence and consortium claims, ensuring that the uninjured spouse seeks fair compensation despite the shared fault.

How to Quantify Loss of Consortium

It may be challenging to quantify the loss of consortium as this damage is intangible, but it is not impossible. While there is no definite way to calculate how much you may be owed in compensation, the following factors often play a role:

The victim’s new quality of life due to the spouse’s injury
The quality of the marriage or domesticated partnership before the accident
The history of the relationship regarding divorce filings, separation, infidelity, or domestic violence reports
The living arrangements of the people in the relationship
The partner’s plans regarding having children and their ability to do so before the accident or injury
The extent of ongoing care for the injured spouse or partner
The injured spouse’s expected lifespan as a consideration in quantifying loss of consortium

A seasoned injury attorney may be able to help you quantify the amount of compensation you may be eligible to receive for loss of consortium.

California Personal Injury Lawyers May Be Able to Help

Loss of consortium may cause immense emotional distress and suffering for the spouse or partner of the injured party. Following an injury, his or her spouse is entitled to file a claim for compensation. A personal injury claim can be complex and requires legal expertise. As you adjust to a new way of life in your marriage or domestic partnership, partnering with an experienced personal injury attorney may help build your claim.

Younglove Law Group is a team of dedicated personal injury attorneys helping victims in Newport Beach, California. Our award-winning legal team is dedicated to providing our clients with compassionate care and top-of-the-line service. For a free case review, call (949) 691-3660 or complete our contact form.