Available 24/7Loss of consortium is a spouse’s or registered domestic partner’s inability to provide the love, support, and companionship fundamental to any marriage to their injured loved one following an accident. If your loved one’s severe injuries have significantly affected your relationship and quality of life with them, you can pursue compensation in the form of a loss of consortium claim from the at-fault party in the accident.
If you have questions about your loss of consortium and the other non-economic damages you and your loved one may pursue, a California personal injury attorney may be able to help. Many accident attorneys offer a free case consultation where you can discuss your loved one’s accident and learn more about your legal options. They can investigate the accident, collect evidence for a personal injury claim, and work to maximize your settlement check for financial compensation.
Loss of Consortium Pays the Spouse or Partner for Their Personal Injury
In California, the scope of the loss of consortium claim is defined by common law. This legal doctrine has been developed in court case rulings over the years and codified in CACI 3920. Additionally, California statutes, FAM § 297.5, recognizes a registered domestic partner’s right to file a loss of consortium claim as the spouse.
A claim for loss of consortium recognizes that the spouse or partner of an accident victim will also suffer through the accident and recovery. While the injured spouse will clearly suffer the most, their spouse or partner, who loves and relies on them, will also suffer their own personal injury. The stance is that the injuries will limit or eliminate what the injured spouse can provide and place a strain on the relationship.
The Scope of Loss of Consortium Damages
California law provides for loss of consortium damages in a personal injury claim. The common law defines the losses as follows:
- The loss of sexual relations experienced by the partner or spouse
- The loss of love, guidance, and support from the injured party
California law restricts who can file a loss of consortium claim. In California, a loss of consortium claim is limited to the spouse or registered domestic partner. The spouse or partner must not have suffered any injuries in the accident. The injuries suffered must be significant enough to have affected the relationship, and children cannot file this type of claim.
It Is Not Always Easy to Place a Value on Loss of Consortium Damages
One of the main challenges of a loss of consortium claim is that it can be difficult to place a value on the amount of damages that the spouse has suffered. The insurance company is likely to have a completely different estimate of what the spouse or partner deserves.
However, it is still within your right as the uninjured spouse to seek fair compensation because you have lost, either temporarily or permanently, what you were receiving from your loved one before their injury.
How to Establish Loss of Consortium Damages in California
The value of the loss of consortium claim depends on what your relationship consisted of before the accident. You can expect the insurance company to ask what seems like very invasive questions, wanting to know practically every detail of your marital relationship. This tactic is their way of challenging your own claim or minimizing what they pay you.
They will certainly ask questions about your physical intimacy and sexual relationship, wanting to know what you may think are intimate personal details. You need to answer these questions honestly. If you don’t, you may receive less monetary compensation or none at all.
In every personal injury case, you have the burden of proof to show your damages. If you cannot prove your damages, you cannot receive money for them. There are several ways that the claim can be demonstrated:
- Your testimony about the quality of and nature of your relationship
- Testimony from family and friends who observed the spouses
- An expert witness’ testimony, which can value what was lost
Obviously, loss of consortium compensation will depend on the severity of the injury. Permanent injury, or death, will result in much higher compensation. However, there is no one-size-fits-all formula for compensation in a loss of consortium claim.
Your Damages Will Be Based on Your Relationship
A loss of consortium claim puts a value on the specific relationship of the party seeking compensation. It is not based on a generalized set of qualities of an average relationship. If you and your spouse did not have a great marriage, it could mean less compensation because less was lost. The insurance company may even cast doubt on the strength of your relationship.
Loss of consortium claims are not well understood by many people. A personal injury attorney who understands the law and criteria of a loss of compensation claim can tell your story and work to maximize the size of your settlement, no matter how much the insurance company tries to substitute an “objective” formula for reality.
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Frequently Asked Questions Regarding Loss of Consortium Claims in California
Below are common questions asked by those seeking compensation for a loss of consortium claim:
How Do You Win a Loss of Consortium Case?
You must show that there was a valid marriage or registered domestic partnership. Then, you must show that someone else was negligent and caused a spouse’s injuries.
When Should You Hire an Attorney for Your Personal Injury Case?
You should contact an attorney as soon as possible after you have suffered an injury. If you wait too long, you could lose evidence and be subject to pressure from the insurance company. You could also lose the right to sue if the statute of limitations expires. Under CCP § 335.1, you generally have two years to file a lawsuit.
How Much Could I Win in a Loss of Consortium Claim?
Every case is unique, so there really is no way to know how much you may obtain without first examining your case. However, there is no limit, or cap, on the amount you could receive in a settlement offer or court award.
File a Loss of Consortium Claim With a California Personal Injury Attorney
The California personal injury lawyers at the Sargent Law Firm Injury Lawyers are here when you need a fighter. We do not hesitate to take on insurance companies when they are making life more difficult for our clients. Our legal team is standing by and ready to talk to you about your loss of consortium claim in a free initial consultation.
You can reach us online or call us to begin the legal process. The consultation is free, and you owe us nothing for legal representation unless you win your case.
