A loss of consortium claim
is the one filed by the spouse, partner or children of the individual who was involved in a personal injury or wrongful death case. This type of claim is possible in California and one of our Los Angeles persona injury attorneys
can help you file a lawsuit against the party that caused you this loss.
The monetary compensation is meant to provide relief for the spouse/partner, family members who suffer after a beloved family member was killed or injured as a result of someone else’s negligent acts.
How is the loss of consortium defined?
The reason behind filing a loss of consortium claim is that the individual who was injured or killed can no longer provide material and emotional support to his family and loved ones. The claim is submitted by a family member or the spouse/partner against the third party (the defendant).
These types of claims are usually only awarded in those cases where the victim is killed or has suffered a catastrophic injury
that will debilitate him/her for life and will deprive the claimant of companionship, love, comfort or even sexual relations.
Only the family members or individuals who are directly affected by someone’s death/severe injury can file this type of claim. State laws and insurance policies may limit the amounts awarded in these cases. One of our Los Angeles personal injury attorneys can help you submit this type of claim and advise you on the limitations that may apply to your case.
How is loss calculated in loss of consortium claims?
Calculating the losses
after someone disappeared from your life or was badly injured is not as easy as summing up the medical bills or funeral expenses. While these can be included in the final settlement amount, what the plaintiff is looking for is a settlement that will cover non-economic damages. These include pain and suffering, loss of companionship, emotional distress, shock or even humiliation.
The judge and jury are the ones who ultimately quantify this type of award but the help of a Los Angeles personal injury attorney is important in showing how that loss will alter the life or the lives of others.