Loss of consortium is essentially defined as the loss of companionship, moral support and even intimacy after a wrongful injury to a spouse or a registered domestic partner.
Loss of consortium falls under the category of non-economic compensatory damages that a plaintiff may be entitled to. These damages are intended to compensate an individual for the loss of their spouse’s — or partner’s — regular relations and companionship.
According to California law, loss of consortium is:
If you have lost a loved one in an accident due to negligence caused by another party, you may be entitled to recoverable compensation. Our experienced car accident attorneys at West Coast Trial Lawyers are readily available to offer legal assistance. We will strengthen your claim and negotiate with insurance companies to ensure you get a fair settlement offer.
To schedule a free consultation, please contact our 24/7 legal team by calling (888) 979-9356 or filling out our quick contact form.
Proving Loss of Consortium
There are 4 key elements a spouse — or a registered domestic partner — must prove in a loss of consortium claim:
Proving loss of consortium is complex and uncomfortable because it will focus on an injured spouse’s new limitations and changes, especially if loss of sexual relations is alleged.
An individual who loses a consortium of their spouse or domestic partner in the state of California may be entitled to recover non-economic damages. There is no real standard for determining loss of consortium damages and a jury may choose a reasonable amount to correlate with the seriousness of an injury. Naturally, the more long-lasting an injury is, the greater the award.
Damages That Are Not Recoverable
Recovery for loss of consortium will not include economic losses. This means that losses due to an injured spouse’s lost earning capacity or medical bills will not be covered.
Furthermore, damages for loss of consortium will not include:
What if a Spouse’s Injuries Are Permanent?
Available damages may extend until the injured spouse’s anticipated end of life. In these cases, life expectancy will be measured as it was before the spouse’s injury.
The reasoning behind this is for surviving spouses not to be punished because an injury shortened their partner’s life expectancy. For example, a jury may choose to award a spouse a much larger amount of damages for both past and future loss of consortium, regardless of whether an injury significantly shortened a victim’s life expectancy.
What Is a Valid and Lawful Marriage?
A plaintiff must prove a valid marriage or a registered domestic partnership existed at the time of the injury. If the spouse was injured prior to marrying or registering as a domestic partner , a plaintiff will typically not have a case for loss of consortium.
West Coast Trial Lawyers Is Here to Help
Our qualified personal injury attorneys at West Coast Trial Lawyers are highly-trained and have extensive experience with cases that are similar to yours. We are committed to helping you resolve your legal issues as quickly as possible while receiving the best results.
If you or someone you know has been injured, reach out to our 24/7 legal team by calling (888) 979-9356 or filling out our contact form.