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.
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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.
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.
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Blog: Personal Injury
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