Loss of Consortium in California
After your spouse suffers a devastating injury or passes away due to a third party’s negligence, where can you turn?
After you’ve had a chance to process your loss, you should contact an experienced personal injury lawyer.
Asserting your rights against the person who injured or killed your partner is an important part of the recovery process.
At Starpoint Law, LC, we’ve helped hundreds of accident victims’ loved ones successfully file loss of consortium claims against the people who caused grave harm to their spouses.
To learn how we can help you, contact us today!
What Is a Loss of Consortium Claim in California?
Loss of consortium in California is a claim that can be brought by the spouse of an injured party against the person who injured or killed their spouse.
A “loss of consortium” is the loss of companionship, comfort, support, and sexual relations in a marriage due to the injury caused by that third party.
The injury doesn’t have to be physical or lead to death. Sometimes even emotional injuries can be a cause of a loss of consortium claim.
What Leads to a Loss of Consortium Claim?
Any injury, physical or emotional, to your spouse caused by another person’s negligence or intentional act can lead to a loss of consortium claim.
Major car accidents, medical malpractice, defective products, and intentional assault can all lead to physical and emotional injuries on which a loss of consortium claim could be based.
Your spouse’s injuries don’t need to be permanent. You need to prove only that your spouse’s injuries have caused harm to your marriage to recover damages.
How Do You Prove a Loss of Consortium Claim?
To prove a loss of consortium claim, you’ll need to be able to demonstrate the following:
- You and your spouse were lawfully married at the time of the accident;
- Your spouse suffered an injury because of a third party’s negligence or intentional act; and
- You lost enjoyment with respect to some aspect of your marriage (emotional, physical, sexual) following your spouse’s accident or injury.
You’ll need to be able to show that the accident was the proximate cause of the change in your spouse’s behavior or abilities. You also have to show that those changes negatively affected your relationship.
For instance, if you filed for divorce the day before the accident, you may be unable to recover damages for loss of consortium if your spouse was killed in a car accident leaving their lawyer’s office.
What Are Damages for Loss of Consortium?
There is no formula for damages for loss of consortium in California. Each judge or jury may interpret your situation differently.
However, insurance policy limits or statutory recovery caps may limit how much you can recover. Make sure to speak with an experienced loss of consortium lawyer to understand what your damages may be.
How a California Personal Injury Lawyer at Starpoint Law Can Help
At Starpoint Law, LC, we’ve litigated cases on behalf of bereaved spouses for many years. We can help you, without traumatizing you again.
Contact us today to schedule a free case consultation interview. We’ll treat your case with the sensitivity and care it deserves.