At West Coast Trial Lawyers, we work hard to ensure our clients are well-informed. It is the job of a personal injury attorney in Los Angeles to be upfront about potential settlements, conditions affecting a case, and complications that may arise along the way. We want you to feel as though you understand every possible element of your case before proceeding to court.
With that in mind, here is a brief overview of a specific type of damage paid out for “loss of consortium” cases:
What is Loss of Consortium?
The term “loss of consortium” applies to the complications that arise when one’s spouse is seriously injured in an accident. For example, if a husband is severely injured in an accident, the wife can sue for loss of consortium damages. Loss of consortium is the legal term for the loss of love, affection, or companionship that can occur for the non-injured party in the relationship.
Loss of consortium applies to much more than sexual activity. Emotional support, comfort, household chores, childcare, and companionship all fall under the consortium umbrella. For instance, if a wife’s injuries make her unable to care for children, a husband has a right to sue for loss of consortium damages. The same is true if a husband’s injuries prevent him from showing affection and attending to his wife in the ways that he used to.
It is important to remember that loss of consortium damages are considered non-economic in nature. This means certain aspects of the accident, like whether you had active insurance on your vehicle, will impact your ability to press for these damages. Additionally, California requires a valid marriage from any couple bringing a loss of consortium claim to court. Talking to a personal injury attorney in Los Angeles is critical if you want to ensure you are moving in the right direction.