After a serious accident, you may work with a personal injury lawyer in San Jose, CA, to make a claim for the injured person’s medical treatment, financial losses, and recovery. However, an injury can also affect the injured person’s spouse or registered domestic partner. In California, couples can address these impacts through a loss of consortium claim.
These claims acknowledge that an injury to one partner may have significant legal and practical effects on the other partner. It addresses the ways in which the injury and recovery process may influence the marital relationship.
What It Means To Make a Loss of Consortium Claim
A spouse (or sometimes registered domestic partner in California) of someone who’s been seriously injured or killed because of someone else’s negligence can file a loss of consortium claim to seek compensation as part of a personal injury lawsuit.
This type of claim is separate from the injured individual’s own damages. Instead, it addresses the effect the injury has on the marital or domestic partnership and what the noninjured spouse has lost: companionship, affection, emotional support, intimacy, and help with household responsibilities. These are all elements of a relationship, and a severe injury or death can impact them in a variety of ways.
Courts recognize that marriage is a partnership, and a serious injury to one spouse may result in measurable changes to the other spouse’s daily life and responsibilities. A loss of consortium claim supports spousal rights, allowing the noninjured spouse to seek compensation for intangible losses resulting from the injury, including loss of companionship and support.
How Loss of Consortium Fits into Personal Injury Cases
Under California law, loss of consortium is considered a derivative claim. This means it can only be pursued when a valid underlying personal injury or wrongful death claim exists. It cannot be filed as an independent lawsuit; there has to be a valid personal injury or wrongful death case first.
In California, to make a successful loss of consortium claim, the affected spouse has to prove three basic things:
- A valid and legally recognized marriage or registered domestic partnership existed at the time the accident and injury occurred.
- The defendant’s negligent or intentional conduct caused the injury or death.
- The injury resulted in a measurable impact on the marital or domestic relationship.
Courts look for evidence of a legitimate relationship and that it was genuinely changed by the injury. That evidence can include photos and videos demonstrating the couple’s life before and after the accident, financial records showing the effect that the injury had on household finances, testimony from friends and family attesting to the change in the relationship, and medical records that support claims about the injury’s effect on the marriage.
Common Examples of Loss of Consortium in Personal Injury and Wrongful Death Cases
Loss of consortium claims are most often associated with severe injuries or wrongful death. Examples include traumatic brain injuries, spinal cord injuries, significant burns, amputations, or other conditions that alter communication, mobility, or daily functioning. These types of injuries can affect the spouse’s ability to receive support, companionship, or shared activities that were part of the relationship before the incident.
Differences Between Personal Injury and Wrongful Death Consortium Claims
Fatal accidents where someone loses their spouse or, in some cases, their registered domestic partner can also be grounds for a loss of consortium claim. This is not the same as a wrongful death claim, although it’s similar.
In a regular personal injury case with a loss of consortium derivative claim, the injured spouse is still alive, so the claim focuses on how the damage to the marriage affects life going forward.
In a wrongful death case, a derivative loss of consortium claim may allow the surviving spouse to seek compensation for losses beginning at the time of the spouse’s death. This may include loss of companionship, emotional support, and other aspects of spousal assistance affected by the injury or death. It doesn’t include losses incurred by the deceased’s children, though; the courts handle children’s damages claims separately.
What Kind of Damages Can a Spouse Recover in a Loss of Consortium Claim?
California juries can award plaintiffs with compensation for:
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
- Loss of enjoyment of sexual relations
- Loss of the injured spouse’s ability to help with household duties
These are all “non-economic” damages, meaning there’s no receipt or documentation for the exact dollar amount of the loss. Juries determine the amount of compensation based on the evidence presented in court and testimony from the spouse, family members, friends, and, sometimes, therapists or counselors.
Why These Claims Matter in Personal Injury Cases
Some spouses may hesitate to pursue a loss of consortium claim because it involves seeking compensation for non-economic losses. Others are unaware that they can make such a claim. However, the at-fault party’s insurance company isn’t going to volunteer to pay for the emotional loss that you endured.
Filing a loss of consortium claim after an injury allows the court to consider the impact of the injury on the noninjured spouse when determining damages, if they decide to award compensation.
Talk To Your Attorney About Pursuing a Loss of Consortium Claim in Your Case
If someone else’s carelessness or negligence seriously injured or killed your husband, wife, or partner, you may be able to seek legal compensation depending on the facts of the case.
The team at Hann Law Firm in San Jose understands that accidents don’t just affect the injured person; they can also affect marriages and families. Our attorneys can provide guidance to families regarding loss of consortium claims in conjunction with personal injury or wrongful death cases.
To learn more or to schedule a consultation with one of our attorneys, contact Hann Law Firm at (408) 755-9793. We can review the circumstances of the injury, explain applicable legal options (including filing a lawsuit), and discuss whether a loss of consortium claim may be pursued based on the facts of your case.
