Loss of consortium is a non-economic damage in personal injury law that allows the victim’s spouse to collect compensation for their losses. For more information and to learn more about your legal rights and options, work with an experienced San Mateo County, California motor vehicle accident lawyer today.
What is Loss of Consortium?
Under California law, loss of consortium refers to the damages sustained by an injured party’s spouse. When a person is injured, it not only affects their life and everyday functioning but can also impact the lives of those around them, particularly their immediate family.
The purpose of loss of consortium is to recognize the suffering and damages that the victim’s spouse or partner sustains as a result of their accident and injury. Depending on the type and severity of the injury, it could impact their ability to physically, emotionally, and financially contribute to their relationship and family. This can cause significant strain and result in the spouse having to take on all of the responsibilities around the home with little to no support.
Examples of losses that can be considered a loss of consortium include the following and more.
- Loss of companionship
- Loss of affection
- Loss of emotional support
- Loss of guidance
- Loss of help with the home, cleaning, cooking, and childcare
- Loss of sexual relations
- Loss of the ability to have children
Who Can File a Claim in CA?
In California, only the spouse of the victim is permitted to file a claim for loss of consortium. Some states permit the victim’s children or close relatives to file, but under CA law, only the legally married spouse or registered domestic partner can file a claim, and only when the injuries are severe enough to affect the relationship.
While children often experience emotional and mental distress due to a parent’s injuries, California state law does not recognize their right to compensation for these losses.
How Much Compensation Can You Recover for Loss of Consortium?
The Judicial Council of California Civil Jury Instructions, or CACI, outlines instructions for juries to refer to for various reasons, including awarding compensation to victims.
Page 2747 touches on loss of consortium. This law allows a jury to award the spouse of a victim compensation for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, the loss of enjoyment of sexual relations, and the inability to have children. These damages can be current and future.
There is no fixed standard guideline for loss of consortium. Instead, juries are encouraged to use their judgment to determine a reasonable amount of compensation based on the evidence provided and the losses the spouse has sustained.
If you are attempting to collect compensation through a loss of consortium claim, it is important to provide substantial evidence demonstrating how your relationship has been impacted since your spouse’s injuries. Reach out to an experienced personal injury attorney for more information today.