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.
The award-winning personal injury attorneys of Younglove Law Group have experience helping victims of all types of personal injury, including loss of consortium, build an injury claim as they pursue compensation for the damages they have suffered as a result. Loss of consortium applies to the spouse of an injured or deceased party, similar to the common law claim of alienation of affection.
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
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.
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 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.
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
- 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
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. 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.
