What is a Loss of Consortium claim for injury settlements?
Under California law, a "loss of consortium" claim is a legal action filed by a spouse or registered domestic partner of someone who has been severely injured in an accident, seeking compensation for the loss of companionship and support they experience as a result of their partner's injuries. It essentially claims that the injury has significantly damaged their marital relationship and quality of life together; this is considered a type of non-economic damage in a personal injury lawsuit.
Who can file a Loss of Consortium claim in California?
In California, only the non-injured spouse or registered domestic partner of an injured person can file a loss of consortium claim.
Other states have a wide variance in their jurisdiction which sometimes allows children to file Loss of Consortium claims due to losing care from their injured parent, but California does not currently permit this.
What is the deadline to file a Loss of Consortium claim in California?
In California, the standard statute of limitations (deadline) for a Loss of Consortium lawsuit to be filed is either:
Two years after the date of the accident
OR two years after the date that the injury was discovered
Some circumstances can shorten or extend the statute of limitations. It is best to seek guidance from an attorney as soon as possible to evaluate a potential Loss of Consortium claim and begin the legal process.
What counts as Loss of Consortium damages?
The Judicial Council of California outlines two types of losses that define Loss of Consortium:
The loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support; and
The loss of the enjoyment of sexual relations [or the ability to have children].
While loss of consortium can be experienced in many ways, some common examples are:
Lack of physical intimacy or sexual relations with the injured spouse
Injured spouse is unable to engage in activities that the couple used to enjoy together
Injured spouse cannot express care and affection as a result of post-injury anxiety, irritability, depression, or PTSD.
Injured spouse cannot perform household duties or services as a result of their injury.
How much money will a Loss of Consortium claim pay?
Loss of Consortium is considered a “non-economic” damage that is subjective and is not easily calculated. Therefore, loss of consortium damages often will pay more than “economic” damages that the injured spouse receives to compensate for their medical bills and lost wages, which are easier to calculate.
Typically, greater amounts will be awarded if the injured spouse needs more time to recover. In cases that involve permanent injuries, disability, or wrongful death, the court may estimate the life expectancy of the injured spouse
Does my Loss of Consortium claim have to be included in my spouse’s personal injury lawsuit?
Loss of Consortium claims are normally filed alongside the injured spouse’s personal injury lawsuit, but it is not mandatory to file a claim in tandem with an injury lawsuit. California typically considers Loss of Consortium claims separate from and independent of the injured spouse’s case.
This means that a non-injured spouse may sue for Loss of Consortium, even if the injured spouse has not sued for personal injury.
Note: If the injured spouse has sued and lost, or if they have agreed that the other party was not liable, then the non-injured spouse is not eligible to file a Loss of Consortium claim against that same party.
How do I prove Loss of Consortium claims?
To prove their eligibility for Loss of Consortium damages, the claimant will need to establish 4 elements for their case:
Valid marriage or registered domestic partnership: The claimant (non-injured spouse or partner) must have been legally married or had a valid registered domestic partnership with the injured person at the time of injury.
Wrongful injury: The injured person must have been injured due to the other party’s negligence, reckless conduct, intentional violence, defective product, or other wrongful act.
Extent of Loss of Consortium: The non-injured spouse must have suffered a loss that is consistent with California’s Loss of Consortium guidelines.
Proximate Cause: The non-injured spouse must establish that the loss of consortium was caused by the injury. Defendants often dispute their liability by arguing that the marriage was challenged by something other than the injury (such as infidelity).
Do I have to reveal personal information to file a Loss of Consortium claim?
Realistically, non-injured spouses do have to reveal very personal information about how the injured spouse’s behavior has changed, how the injured spouse’s ability to show affection or be intimate has been limited, and other ways that the marriage has been harmed by the injury. This can make proving Loss of Consortium claims very uncomfortable, particularly if the claim alleges a loss of intimate relations.
However, the vast majority of Loss of Consortium claims settle out of court without the need for the non-injured spouse to testify. Even if it becomes necessary to take a claim to court, the skilled attorneys of Win Nguyen Law know how to present damages to the jury and maximize the compensation of a case while minimizing the discomfort that claimants may face on the witness stand.
If you or a loved one have suffered harm to your marriage as the result of an injury, don’t wait to Win! Contact the seasoned attorneys of Win Nguyen Law for a free consultation at no upfront cost to you! If we represent you, you won’t pay anything until you win!
The attorneys of Win Nguyen Law are proud to serve the communities of Westminster, Garden Grove, Santa Ana, Anaheim, Huntington Beach, Irvine, and more by informing the people of their legal rights and options at no upfront cost!
