Life can change in an instant. A sudden injury to your spouse affects more than just their physical injuries. It impacts your entire relationship. The intimacy, companionship, and support you once shared may diminish. This is more than just emotional distress; it’s a legal concept called loss of consortium. This type of claim falls under non-economic damages, which are often complex.
Many people don’t realize they can seek compensation for these losses when dealing with an insurance company. While each case is unique, consulting a personal injury attorney can help you understand your rights. This blog will focus on how spouses can pursue a loss of consortium claim.
So, what exactly does a loss of consortium claim entail, and who is eligible to file one? Let’s break down the details, starting with the core requirements for spouses.
Who Can File for Loss of Consortium?
When someone is seriously injured in an accident, the impact extends beyond just the injured person. Spouses often experience significant losses, including disrupting their companionship, affection, and overall quality of life. California law recognizes these losses through a claim called “loss of consortium.”
In California, the primary individuals eligible to file are spouses. This means you must be legally married to the injured person to make a claim. Loss of consortium damages aims to compensate for the impact the injury has on the marital relationship, such as:
- Loss of companionship and affection
- Loss of sexual relations
- Loss of emotional support
- Loss of childcare or caregiving assistance
- Inability to perform household chores and duties
Essentially, the injured partner’s condition directly affects the uninjured spouse’s enjoyment of life, and loss of consortium seeks to address this harm. It’s important to note that unmarried partners, children, and other family members typically cannot file for loss of consortium. This type of claim is specifically designed to protect the unique bond of marriage.
Elements of a Loss of Consortium Claim
To successfully claim loss of consortium in California, several key elements must be proven:
- Valid Marriage: You must be legally married to the injury victim during the accident.
- Tortious Injury: The injured spouse must have suffered harm caused by someone else’s negligence or wrongful act. This means the injury resulted from a situation in which a personal injury claim could be filed.
- Actual Loss: You must demonstrate a genuine loss, such as a loss of companionship, affection, or sexual relations.
- Causal Relationship: There must be a direct link between the injured spouse’s condition and the loss experienced by the non-injured spouse.
The Filing Process
If you’re considering filing a loss of consortium claim, acting promptly is essential. In California, the statute of limitations for these claims is typically the same as for the underlying personal injury claim, which is two years from the date of the injury.
Loss of consortium claims are usually filed alongside the injured spouse’s personal injury claim. This allows for a more efficient legal process and ensures that all damages related to the accident are addressed together.
Working with our Sacramento personal injury lawyer with extensive experience in these cases is highly recommended. They can help you evaluate the claim, gather necessary evidence, negotiate with insurance companies, and represent you in court. Their expertise will be invaluable in ensuring you receive fair compensation for your loss.
What to Expect: Compensation and Damages
Compensation for loss of consortium typically falls under non-economic damages, as it’s meant to address losses that are not easily quantifiable in financial terms. These damages aim to compensate for the emotional distress and loss of companionship caused by the injured spouse’s condition.
Several factors can influence the amount of compensation awarded in a loss of consortium claim, including:
- The severity of the injured spouse’s injuries
- The impact of those injuries on the marital relationship
- The length of time the non-injured spouse has suffered the loss
- The level of intimacy and support in the relationship before the injury
It’s important to have realistic expectations about the outcome of your case. Proving a loss of consortium claim can be challenging, as it involves demonstrating the intangible aspects of a relationship.
It’s also important to be aware that pursuing this type of claim can involve very personal and private aspects of your marital relationship. A skilled attorney can help you understand the potential scope of discovery in these cases and will work to protect your rights as much as possible throughout the legal process.
Your Relationship Matters
If your spouse has suffered severe injuries in an accident, remember that you are not alone. California law recognizes the impact such injuries can have on a marital relationship, and you may be entitled to compensation.
While pursuing a claim during this difficult time might seem daunting, the experienced personal injury team at Farahi Law Firm in Sacramento is here to help. We understand the challenges you face and are dedicated to fighting for the rights of accident victims.
We aim to help you secure maximum compensation and hold the liable party accountable. Contact us today to discuss your options.
