Loss of Consortium Claims Explained

You should never underestimate the impact an accident can have on both the victim and their loved ones, even when the accident seems to have been minor. In addition to causing physical injuries, accidents can also induce severe psychological and emotional suffering. 

California’s Loss of Consortium Law

California’s “loss of consortium” defines the term as the loss of companionship, moral support and/or intimacy following a wrongful injury or death to one’s spouse or registered domestic partnership.  A loss of consortium claim allows an individual to recover non-economic compensatory damages resulting from an accident.

The types of damages available as part of a loss of consortium claim includes:

• Loss of companionship
• Comfort
• Affection
• Loss of marital relations

Who Can File a Loss of Consortium Claim?

California law allows compensation for a person’s loss resulting from a spouse’s injury. The state has set specific criteria as to who can file a loss of consortium claim. Only a spouse or registered domestic partner can bring a loss of consortium claim in California. They can sue for the loss of marital relationship. 

It is important to note that this type of claim does not survive divorce in California. This means that if you have divorced your spouse and they get into an accident, you do not have the legal right to file a loss of consortium claim.

Moreover, it is an established general rule in California that where the parties are lawful spouses the one may not sue the other for damages in tort, including loss of consortium.

Common Accidents that Lead to Loss of Consortium Claims

Any injury that materially impacts the victim’s ability to perform their duties and activities as a spouse, or which impact their mood in such a way as to harm the marriage or domestic partnership, can lead to a loss of consortium claim. Injuries commonly arise from:

• Motor vehicle accidents
• Slip and fall accidents
• Medical malpractice
• Defective product claims

The bottom line is that if your spouse or domestic partner was physically, mentally or emotionally injured in an accident caused by the negligence of another party, you should immediately consult with an experienced Orange County personal injury attorney to determine whether you are entitled to loss of consortium.

Call an Orange County Accident Attorney

If you or a loved one has been injured in any type of accident, you may be entitled to compensation – even if you are the spouse of the injured victim. To ensure you get the full money damages you deserve, you need to consult with and hire an Orange County personal injury attorney.

For more information or to schedule a complimentary consultation with an OC accident lawyer, please call the Law Offices of Samer Habbas at (888) 848-5084.