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New Office in Riverside

At Younglove Law Group, we handle personal injury claims for claimants throughout Southern California who have been injured in car accidents, truck accidents, motorcycle accidents, dog bites, slip and falls, premises liability, wrongful death, and more.

We are excited to announce we have opened an office location for our clients in the Riverside area located at 11801 Pierce Street, Suite 265, Riverside, CA 92505. Our Riverside office is by appointment only and adds a useful tool for our Riverside area clients to schedule meetings and for our legal team to quickly address local claims.

If you or a loved one have been injured, click for a free case consultation with one of our award-winning attorneys. We care about you and what you are going through, and we want you to understand your legal options.

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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.

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Can I Collect a Car Accident Settlement that Exceeds My Insurance Policy Limits?

When you suffer serious injuries in a car accident in California, you may face extensive financial losses and expenses. The financial burdens placed on you can feel overwhelming, from hospital bills to rehabilitation and countless other responsibilities. A personal injury lawyer will work to pursue the best possible outcome and compensation for your claim. 

However, many people are unaware that a negligent driver’s insurance company is not obligated to take full responsibility for the awarded damages. It is only obligated to pay up to the policy limit. Sometimes, your financial award is not able to cover all the expenses because of the policy limit. If you face this situation, there are ways still to recover more than the at-fault insurance policy limit.

How Do Insurance Policy Limits Work in California?

In California, it is illegal to drive a motor vehicle without evidence of financial responsibility. It is essential to have some type of insurance that can cover medical expenses and other damage if an accident occurs. Most auto insurance policies have two types of insurance coverage: 

  • Bodily injury coverage
  • Property damage coverage

Both types have separate limits depending on the driver’s coverage. For bodily injury, one type limits what the insurance company will pay for a single individual’s injuries, and the other limits what insurance will pay for all injuries sustained in a single accident by any number of claimants. Because the policy limits are separate, your claim usually won’t exceed the limit. Discussing your options with an experienced personal injury lawyer may boost your chances of recovering the necessary amount to cover your damages. 

Can I Receive Compensation That Exceeds Insurance Policy Limits? 

While motor vehicle accident settlements do not usually exceed the insurance company’s policy limits, there are times when the recovered financial damages are not enough to fully compensate for the harm caused. Discuss some of the below actions with a personal injury lawyer to find your best option: 

Suing an At-Fault Driver

There is an option to sue the at-fault driver for the difference in the policy’s limits. However, not all parties will have enough financial assets to cover the remaining damage. This may make suing the party more trouble than it is worth. 

Suing Multiple Defendants

If multiple people are responsible for the accident and the injuries you have suffered, you may hold them jointly accountable for the rest of the damages. The recovered compensation will be pulled from each insurance policy proportional to how responsible each party was for the accident. 

Economic Damages Caused by an Uninsured Defendant

California’s Proposition 51 limited the liability of defendants for non-economic damages to their proportion of liability in causing the accident. However, one party can still be forced to pay a plaintiff’s full economic damages in claims in which the other defendants are unable to pay their shares. Thus, finding a solvent defendant that is even 1% at fault for an accident can result in a large recovery for substantial injuries caused by uninsured defendants. 

Bad Faith

When an insurance company unreasonably refuses to pay a policyholder’s claim or fails to investigate and process a claim within a reasonable time, this is referred to as participating in “bad faith.” If an insurance company can reasonably settle a provable claim and refuses to, they may be guilty of bad faith. 

Umbrella Policies 

While these are mostly for commercial and corporate entities, an individual can also have an umbrella policy. An umbrella policy offers extra coverage above the primary amount. While the insurance limits were met, the policyholder’s umbrella coverage may cover additional amounts from your claim. 

If your compensation claim exceeds the responsible party’s insurance coverage policy limits, it is even more imperative that you receive assistance from a personal injury lawyer. Each case is unique and presents challenges that can face complex processes. Talk with an experienced California personal injury attorney that will discuss what option is best suited for you. 

Contact a Passionate California Personal Injury Lawyer Today

When you are facing severe injuries because of someone else’s negligence, the financial responsibilities can feel overwhelming and burdensome. Our Newport Beach personal injury attorneys at Younglove Law Group empathize and understand how stressful those situations are and want to make sure you receive the best possible compensation and outcome for your case. With over $40 million recovered for our past clients, our experience guiding clients through personal injury cases is extensive, and we work hard to advocate for your rights in legal proceedings. 

Call (949) 691-3660 or fill out our contact form for a free consultation. 

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Disclaimer: The information on this website is for informational purposes only and is not to be construed as legal advice. An attorney-client relationship is not formed until your case has been accepted by Younglove Law Group Personal Injury & Accident Attorneys and a Contingency Fee Agreement has been fully executed. 

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