When someone is injured or killed due to another person’s negligence or intentional action, the victim’s family may be able to bring a loss of consortium action. This type of claim is usually obtained by the spouse or family member of the person who was injured or killed. Our Personal Injury Lawyer Walnut Creek CA explains what a loss of consortium action is and how it works.
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What is Loss of Consortium?
In California, loss of consortium is defined as: “the loss of the benefits of a married relationship arising from personal injuries sustained by a spouse in an accident for which another person may be liable.”
In other words, a loss of consortium action is based on the idea that, as a result of the defendant’s conduct, the person who was injured or killed cannot provide their spouse or family member with the same love, affection, companionship, comfort, society, or sexual relations that were provided before the accident. So, the spouse or family member of the injured person has a claim for those losses.
How is a Loss of Consortium Claim Calculated?
Loss of consortium is harm that usually falls under “general” or non-economic damages. This means that the value of a loss of consortium claim is not easily calculated as it would be for medical bills or property damage. Instead, the value of a loss of consortium claim is based on the personal relationship between the injured person and their spouse or family member. Factors that may be considered when calculating the value of a loss of consortium claim include:
- The length of the personal relationship
- The nature of the relationship
- Loss of reputation
- Shock and mental anguish
Proving the Claim
To prove a loss of consortium claim, the spouse or family member must show that:
- The personal relationship existed before the accident
- The relationship has been damaged as a result of the accident
- The defendant is liable for the accident
A loss of consortium claim may be brought as a standalone claim or as part of a personal injury lawsuit. If you’re considering getting a loss of consortium claim, it’s essential to speak with an experienced personal injury lawyer who can help you understand your legal rights and options.
Limitations and Things to Consider
It’s important to note that not everyone is eligible to bring a loss of consortium claim. In most cases, only the spouse or family member of the injured person can get this type of claim. Additionally, some states have laws limiting who can bring a loss of consortium claim and how much they can recover.
Loss of Consortium: Wrongful Death and Personal Injury
If a loved one has been injured or killed due to someone else’s negligence, you may be able to bring a personal injury or wrongful death claim. These claims can help you recover compensation for your damages, including the loss of consortium.
An experienced personal injury lawyer can evaluate your case and help you understand your legal options. If you have a valid claim, your lawyer will fight to get you the compensation you deserve.
Personal Injury Lawyer Walnut Creek CA
If you or a loved one has been injured in an accident, contact the personal injury lawyers at Ben Glen Law. We have a team of experienced attorneys dedicated to helping accident victims get the compensation they deserve. Schedule a free consultation today to discuss your case with a personal injury lawyer Walnut Creek CA.
For more information, a complimentary initial consultation is your next best step. Get the facts and legal solutions you are seeking by calling 877-236-4536 today. A Loss of Consortium attorney will offer the right advice and do everything to get you the highest possible compensation.