When a spouse sustains severe injuries due to someone’s acts or failure to act, he or she may have a cause of action for loss of consortium. Known as loss of consortium, it can harm their relationship is a compensable element of damages under California law and is known as loss of consortium.
What is “Loss of Consortium” in California?
Loss of consortium is addressed by CACI Instruction No. 3920. It specifically states:
“1. The loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support; and 2. The loss of the enjoyment of sexual relations [or the ability to have children].”
If you or a loved one has suffered the loss of consortium due to an injury, contact us today for a free consultation and we will explain whether you can recover damages, as well as other rights you have.
What is Consortium?
When a spouse or registered domestic partner brings a claim of loss of consortium against an allegedly negligent person, he or she claims deprivation of the enjoyment of the accident victim’s:
- Emotional support
- Assistance, and
- Sexual relations, or
- The ability to have children
In this case, intent isn’t an element of proof in the cause of action.
Proving Loss of Consortium in California
For purposes of proving loss in California, a claimant’s law firm must prove the four elements that follow:
- That a valid legal relationship existed such as a marriage or registered domestic partner.
- That the spouse or registered domestic partner of the claimant suffered an injury or death resulting from a wrongful act or failure to act of the defendant.
- There was a loss of enjoyment of the spouse or registered domestic partner that was suffered by the claimant.
- That act or failure to act was the proximate cause of the spouse or registered domestic partner’s injuries or death.
If your injured spouse’s ailments are affecting your marital relationship or partnership, speak to a personal injury lawyer at Maison
Damages in Loss of Consortium Cases
A claimant who prevails on a loss of consortium case in California is allowed to pursue non-economic damages as compensation for their losses. Unlike medical bills or lost earnings, non-economic damages don’t have a readily ascertainable value on them.
They’re purely subjective. It’s fair to say that the greater the nature and extent of the injury, the more valuable a claim is. Pursuant to CACI 3920, a claimant is unable to seek the following damages:
- The loss of financial support from the injured person
- Compensation for the services that the claimant has provided or will provide in the future to the injured person
- Any lost earnings that the claimant has suffered by giving up their employment to care for the injured person
- The cost of domestic services in the home to replace the services the injured person gave
Contact A California Loss of Consortium Lawyer Today
Per California law, a personal injury attorney may add a consortium count to a personal injury case. There are significant privacy concerns with any claim for loss of consortium. Consulting with Maison Law will help you to decide whether you wish to go ahead with such a personal injury claim regardless of those concerns. You can contact us for a free consultation and review of any loss claim that you might be contemplating.