When someone is injured due to the fault of another, there are a number of different kinds of damages that can be claimed in California. One kind of damages is “loss of consortium.” Rather than being brought by the injured person themselves, loss of consortium is a claim brought by their spouse. Loss of consortium is the loss of companionship, assistance, care, affection, moral support, and/or intimacy. Essentially, the spouse has been injured by the tortfeasor in that they do not have all of the services and companionship of their spouse due to the injuries they have suffered. Your knowledgeable California personal injury attorney can help you to determine whether you or your spouse may be able to recover damages for loss of consortium.
Loss of Consortium
In order to recover for loss of consortium, the spouse of the injured party needs to prove four things. First, the plaintiff must prove that their spouse was injured by the negligence or wrongful act of another person. Second, they must prove that they were lawfully married or were valid registered domestic partners at the time of the injury. Third, the plaintiff must prove that they have suffered from the loss of their partner’s consortium. Finally, they need to prove that the loss was caused by the defendant’s wrongdoing.