Loss of Consortium Laws in California

The term loss of consortium refers to how your life has been affected when you can no longer enjoy the companionship, love, support, or intimate spousal relationship with your partner. When you are critically injured in an accident, the fallout can have a catastrophic impact on your life. You have the right to be fully repaid for the total value of your losses, including your loss of consortium. 

However, proving loss of consortium can be more challenging than you might have thought. Your Oakland personal injury lawyer will need to show that someone else’s negligent actions were the cause of the accident you were involved in and the injuries you sustained. This will tie them to liability for your loss of consortium and other compensatory damages. Here is more about how loss of consortium claims work and what to expect from the claims process.

Loss of Consortium in California

How Loss of Consortium Claims Work 

Generally, loss of consortium claims are brought forward by the partner or spouse of an individual who has been seriously injured or killed as a result of another party’s negligence or misconduct. As per California Civil Jury Instructions CACI no. 3920, Loss of consortium includes a variety of damages, including loss of:

  • Love
  • Companionship
  • Comfort
  • Care
  • Assistance
  • Protection
  • Affection
  • Society
  • Moral support
  • The enjoyment of sexual relations
  • The ability to have children

This means, in most cases, only registered domestic partners or spouses may have the authority to seek compensation for loss of consortium in an Oakland wrongful death claim or personal injury lawsuit.

Which Damages Do Not Constitute Loss of Consortium? 

Certain types of damages are not considered the same way loss of consortium is. For example, all economic damages, or those with fixed financial values, are categorized differently. These types of damages are easier to quantify than loss of consortium, in part, due to the subjective nature of these losses. Damages that may not be considered loss of consortium include:

  • Loss of income
  • Reduced earning potential
  • Medical bills
  • Loss of household services
  • Property damages  

How to File a Claim for Loss of Consortium 

To file a claim for loss of consortium, you will need to consult a top-rated Oakland accident attorney for help. Your legal advocate can help you pursue legal action separate from your personal injury lawsuit. This way, you can maximize the compensation you recover.

We will not be able to recover loss of consortium damages through an insurance claim, as insurance settlements are determined by the types and amounts of coverage as listed in the policyholder’s policy. Instead, loss of consortium can only be recovered in civil court.

Get Help From a Compassionate Personal Injury Lawyer Today

When you have suffered serious injuries that have made it difficult or impossible for you to enjoy the relationship you previously had with your partner or spouse, compensation for loss of consortium may be necessary. You can rely on your Oakland catastrophic injury lawyer from Milanfar Law Firm, PC to build a compelling case against the at-fault party to get justice for your suffering. 

Although loss of consortium can be more difficult to evaluate, the profound impact on your life should not be understated. With our legal team fighting for the compensation you deserve, you can rest easier knowing our 20+ years of trial experience is on your side. To get started on your civil suit, complete our secured contact form or call our office and schedule your free, no-obligation consultation as soon as today.