California Loss of Consortium Lawyers
Firm assists clients whose spouses have been seriously injured
A loss of consortium claim can be brought when a spouse or registered domestic partner is deprived of their significant other’s support, companionship and/or intimacy because of an accident caused by someone else. The California attorneys of Mastagni Holstedt, A.P.C. understand how devastating it can be when the person you love is no longer fully there for you due to their accident-related condition. Our team takes your rights seriously and works aggressively to secure suitable compensation from the negligent parties who contributed to your loss.
What is a loss of consortium claim?
A loving partner provides so much. We rely on them for companionship, love, care, household help, protection, affection and moral support. Without warning, an accident could change all that. Though the bonds of love don’t change, a serious physical ailment can prevent someone from engaging in sexual intimacy and providing emotional support. In some cases, a victim of negligence might be deprived of the ability to be a biological parent.
Though nothing can undo the damage that was done, a loss of consortium claim is a way for a spouse to receive some legal relief for the ways in which their life has changed. These actions are typically associated with catastrophic injuries that cause long-term or permanent damage. By adding the spouse or partner as an additional plaintiff, loss of consortium cases can often be litigated as part of the victim’s personal injury lawsuit.
What are the elements of a loss of consortium claim in California?
The plaintiff in a loss of consortium claim must prove four things in order to win their case:
- A valid, lawful marriage or domestic partnership existed at the time of the accident
- The plaintiff’s spouse or partner suffered a wrongful injury
- The plaintiff suffered a loss of consortium
- The loss of consortium occurred because of that wrongful injury
A loss of consortium action can only be brought if the plaintiff and victim were married or domestic partners at the time of the injury. Damages are usually not available if the legal relationship is established after the accident.
Loss of consortium claims are derivative of the primary personal injury claim. Accordingly, if the injury victim does not succeed in proving the defendant’s liability for their injury, the loss of consortium claim will also fail.
Damages in a successful loss of consortium claim
In a successful loss of consortium claim, the plaintiff spouse or partner will receive compensation for the effect that the accident had on their life. These are non-economic damages rather than reimbursement for tangible costs. Specific damages for a loss of consortium plaintiff might include:
- Pain and suffering
- Loss of enjoyment of sexual relations
- Loss of ability to have children
- Lost household support
- Emotional trauma to plaintiff
When you speak with our firm, we can advise you as to what type of recovery you could obtain in a verdict or settlement given the circumstances of your case.
Reach out to a California loss of consortium lawyer right away
Mastagni Holstedt, A.P.C. handles loss of consortium claims and other personal injury matters throughout California. Our offices are in Sacramento, Rancho Cucamonga, Pleasanton and Inglewood. For a free consultation, please call or contact us online.