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Calculating Compensations: Loss of Consortium(11)

Calculating Compensations: Loss of Consortium (11)

Updated on Thursday 23rd November 2017

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Calculating-compensations-loss-of-consortiumThe emotional factor is very important when talking about a personal injury and the Californian laws take very much into consideration the distress caused by such type of accident. Moreover, California imposed a law which provides for the emotional pain caused to the other spouse by a company or another person. This act is called the Loss of Consortium Law and it also applies to personal injury cases in Los Angeles. At a federal level, the loss of consortium is regulated by the Civil Code which also provides for damages which may require compensation from the party inflicting the personal injury.

Loss of consortium is a non-economic damage and does not cover a broad array of losses, instead it deals mainly with the ones related to how the spouse of the victim suffered or will suffer emotionally from the injuries of his/her beloved partner. Our Los Angeles personal injury lawyers can offer more information on how the California Loss of Consortium Law deals with the compensation of the spouses.

What to rely on when calculating a loss of consortium compensation in Los Angeles

The stress when dealing with an injured husband or wife can cause a lot of emotional damage and many people find it useful to go to therapy. The costs of therapy can be included in the claim and should also be taken into consideration when calculating the compensation for the loss of consortium. Loss of comfort, care, protection, moral support and even the ability to have children are included in the loss of consortium damage. However, one would need good Los Angeles personal injury lawyers who can help them make their case and ask for the right amount of money which could compensate to some extent the sufferings.

In all personal injury cases, apart from the non-economic damages other factors which should be included in the calculation of the compensation are:

  • -          how the injury was inflicted;
  • -          the number of days spent in the hospital by the spouse;
  • -          if the damage could cause the loss of employment;
  • -          if the spouses have children, the lawyers can also determine how they were affected by the personal injury of their mother or father.

The compensations for loss of consortium fall under the general damages category. The spouse of relatives of the injured should know that other types of non-economic (or general damages) include the shock and mental anguish, loss of reputation, loss of companionship and, perhaps most commonly in all cases, compensations for emotional distress. 

Our Los Angeles personal injury attorneys can evaluate your case and propose an amount which could be requested.

We invite you to watch the following video on loss of consortium:

 

How to calculate the compensation for the loss of consortium in L.A.

The loss of consortium compensation will be calculated by our L.A. personal injury lawyers by taking into account two factors: the current and the future pain their clients will go through. Medical bills, therapy, unpredicted expenses which cannot be recovered, receipts – these can be included when filing a personal injury claim, however, the non-economic damages for loss of consortium are harder to quantify. This is why the help of an experienced lawyer is useful in this case. Our attorneys will also help you convince the insurance adjuster on how much the injury has negatively affected your life.

Making a loss of consortium claim will mean that you will have to disclose a set of private or very private information about your life with your spouse and how his or her injury caused your relationship to deteriorate or suffer. The compensations are awarded for the suffering up to the date of the personal injury trial or negotiation and can be awarded for future suffering.

For assistance in calculating the loss of consortium compensation, you can contact our Los Angeles personal injury attorneys.

 

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