Loss of Consortium | Personal Injury

The spouse of a personal injury victim may claim themselves that they have been harmed because of the negligent injury suffered by their wife or husband.  This is called loss of consortium.

  • Continue to read and learn more about loss of consortium in personal injury claims and lawsuits.

About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

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Loss of Consortium | Elements

There are four elements to establish a loss of consortium:

  • A valid and lawful marriage between the plaintiff (injured victim) and the loss of consortium claimant;
  • A careless and wrongful injury to the plaintiff’s spouse;
  • A loss of consortium suffered by the plaintiff; and
  • The loss of consortium was caused by the defendant’s negligent act.

Loss of Consortium | Damages

If a jury decides that an injured party has proved their claim against a defendant, a jury must also decide how much money, if any, will reasonably compensate their spouse for the loss of their wife's / husband's companionship and services including:

  • 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].

The spouse may recover for harm past that they prove they have suffered and for future harm that they are reasonably certain to suffer.

Example Scenario 1: Beth is married to Joaquin. They have a happy marriage. Joaquin helps out around the house a lot. He cleans, cooks and does all the yard work. He also picks up their kids every day from school because Beth usually works late. Joaquin is terribly injured in a car accident and for two years Joaquin was not able to help around the house at all. He is now just starting to help out again. At first they paid someone to help around the house but when they could no longer afford it, Beth had to take on the chores that Joaquin normally did. This put stress and anxiety in their marriage. Beth has a loss of consortium claim here.

loss of consortium | www.ordazlawapc.com

Ordaz Law, APC | Loss of Consortium

Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a personal injury lawyer in San Diego County.  We help victims suffering from a variety of injuries, who have sustained their injuries through different types of injury producing events.  We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.

Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

Blog: Personal Injury

Blog: San Diego Personal Injury

Sources and Useful Links:

CACI 3921. Loss-of-Consortium (Non-Economic Damages)

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Wrongful Death | Personal Injury

Wrongful death damages may be recovered for the death of a loved one. A spouse may recover for the death of a spouse. A child may recover for the death of a parent. And a parent may recover for the death of a child.

  • Continue to read and learn about what damages are recoverable in a wrongful death claim and lawsuit.

About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

wrongful death

Wrongful Death | Damages

The wrongful death damages fall into two categories (economic, and non-economic damages).

Economic Damages

Include:

  • The financial support, if any, that the decedent would have contributed to the family;
  • The loss of gifts or benefits that the spouse or child would have expected to receive from the decedent;
  • Funeral and burial expenses; and
  • The reasonable value of household services that the decedent would have provided.

Note: Any award of any future economic damages by a jury must be reduced to present cash value.

Non-Economic Damages

Include:

  • The loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support;
  • The loss of the enjoyment of sexual relations (by a spouse); and
  • The loss of the decedent’s training and guidance.

No fixed standard exists for deciding the amount of non-economic damages, they are based on the evidence and common sense.

Wrongful Death Damages | Recovery by a Parent

For the death of a child, a parent may claim all the economic damages that have been previously mentioned. They may also recover for the loss of their child’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support.

Learn More: Wrongful Death | Elements of a Wrongful Death Action

Learn More: Wrongful Death | Who May File a Claim and Lawsuit

Ordaz Law, APC | Wrongful Death

Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a personal injury lawyer in San Diego County.  We help victims suffering from a variety of injuries, who have sustained their injuries through different types of injury producing events.  We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.

Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

Blog: Personal Injury

Sources and Useful Links:

CACI 3921. Wrongful Death (Death of an Adult)

CACI 3922. Wrongful Death (Parents' Recovery for Death of a Minor Child)

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Personal Injury Damages | Introduction

Compensation that will reasonably compensation an injury victim is called damages. Personal injury damages fall into two categories called economic and non-economic damages.  A jury decides whether to award damages to a personal injury plaintiff that has suffered because of someone else’s wrongful conduct.

  • Continue to read and learn more about personal injury damages.

About Ordaz Law, APC – A San Diego Personal Injury Attorney, and his Distinguished Case Results.

We have recovered millions on behalf of accident injury victims.

personal injury damages | www.ordazlawapc.com

Personal Injury Damages | Economic Damages

A personal injury victim may recuperate economic damages caused by someone’s negligence. Items of economic damages may include the following:

  • Medical Expenses and Lost Earnings;
  • Lost Earnings Capacity;
  • Loss of Ability to Provide Household Services;
  • Damage to Real Property;and
  • Loss or Destruction of Personal Property; and
  • Lost Profits.

Personal Injury Damages | Non-Economic Damages

A personal injury victim may recuperate non-economic damages caused by someone’s negligence. Items of non-economic damages may include the following:

  • Physical Pain and Mental Suffering;
  • Loss of Enjoyment of Life;
  • Disfigurement;
  • Physical Impairment;
  • Inconvenience;
  • Grief;
  • Anxiety;
  • Humiliation;
  • Emotional Distress; and
  • A Loss of Consortium.

Personal Injury Damages | Punitive Damages

If sought, punitive damages may be awarded if the injured victim proves by clear and convincing evidence that the defendant engaged in conduct with malice, oppression, or fraud.

Learn More: Car Accident Settlement

personal injury damages | www.ordazlawapc.com

Ordaz Law, APC | Personal Injury Damages

Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a personal injury lawyer in San Diego County.  We help victims suffering from a variety of injuries, who have sustained their injuries through different types of injury producing events.  We believe that it is a necessity to represent people who have sustained traumatic and debilitating injuries, and suffered ultimate losses.

Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego personal injury lawyer.

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

Blog: Personal Injury

Blog: San Diego Personal Injury

Economic Damages | Personal Injury

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