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Consortium Damages: What Are They and When Am I Entitled to Them?

If you are validly married under California law and suffered personal injuries in an accident, you may also be entitled to compensation for loss of consortium. Your Orange County personal injury lawyer will need to look at the specific facts of your case to determine whether you can sue for such a claim.

What is Loss of Consortium?

The legal definition of loss of consortium is those losses suffered due to a decrease or limitation in the ability to engage in sexual activity between married couples. However, in reality the term entails much more. Loss of consortium is designed to compensate the non-injured spouse for the effect of the injury on any pre-existing spousal function.

In other words, if your Orange County personal injury lawyer determines that you are entitled to a loss of consortium claim, you may be compensated for much more than just a decrease or change in sexual activity. You may be compensated for loss or deprivation of the any of the following:

  • Companionship
  • Emotional support
  • Sexual relations
  • Love and affection
  • Services associated with marriage, such as household chores, caring for minor children, etc.
  • Society
  • Comfort and mental support

Loss of Consortium Is Considered to Be Non-Economic Damages

Under California law, loss of consortium damages are considered “non-economic” damages, in that they do not involve a specific monetary loss and do not have a precise cash value. As such, if you are seeking loss of consortium damages in your personal injury claim, it will typically be left to the discretion of the judge or jury as towhether you will be awarded such losses.

Contact an Experienced Orange County Personal Injury Lawyer

For more information about suing for loss of consortium damages or to schedule a free consultation with an Orange County personal injury lawyer, call the Law Offices of Sasmer Habbas at (888) 848-5084.