Loss of consortium is a type of damage from a car accident in which the victim’s surviving family experiences loss of familial benefits and companionship resulting from the injuries sustained by the victim. While it is possible to receive compensation for such loss, you must have sufficient evidence, such as witness testimony, to prove loss of consortium.
In this article, you will understand how to prove and calculate the loss of consortium in a car accident claim to maximize your payout and defend your rights.
What Is the Loss of Consortium?
Loss of consortium is the lack of companionship, affection, intimacy, and support that a spouse or family member feels as a result of another person’s injury or death. It refers to the detrimental effect on the quality of a relationship caused by physical or mental injury to one party.
Usually, the injured victim in a car accident has the right to file a case for damages. However, when pursuing a claim for loss of consortium, the surviving family, usually the victim’s spouse, has the right to do so.
Loss of consortium may appear in several forms, affecting different parts of the injured party’s relationship with their spouse or family member. Here are some examples of consortium loss:
- Emotional Support: Due to physical or emotional injuries, the injured individual may be unable to provide emotional support, comfort, or reassurance to a spouse or family member.
- Companionship: The injured party’s ability to engage in activities, hobbies, and social gatherings with their spouse or family member may be restricted or hindered, resulting in a loss of companionship and shared experiences.
- Intimacy: Physical injuries or emotional trauma caused by the accident may limit the injured party’s capacity to engage in personal or romantic activities with their spouse, resulting in a loss of intimacy and closeness in the relationship.
- Household Services: If the wounded party was in charge of household chores, childcare, or other domestic responsibilities before the accident, their inability to fulfill these obligations may cause additional strain on their spouse or family member, resulting in a loss of assistance and support.
- Financial Support: In circumstances where the injured party was the principal earner or contributed significantly to the family’s economic stability, their inability to work or earn income due to the accident may cause a financial burden for their spouse or family member.
When filing a claim for loss of consortium, it is crucial to determine how the injuries from the auto crash affected the relationship and demonstrate this to justify the case.
When Can I Claim for Loss of Consortium?
Generally, the injured victim of a vehicle collision can file a car accident claim for compensation. On the other hand, the surviving family or spouse typically can claim loss of consortium since they are directly affected by the victim’s injuries.
Historically, loss of consortium claims was limited to spouses and domestic partners to compensate for the harm caused to the couple’s sexual intimacy and capacity to conceive children.
However, numerous jurisdictions have expanded the scope of who can file such claims. Other close family members, such as parents and children, may claim damages under state regulations. In these circumstances, compensation addresses the loss of family members’ shared life experiences, comfort, and companionship.
Moreover, you must meet the following conditions to pursue a claim for loss of consortium:
- Valid Marriage or Domestic Partnership: At the time of the injury, the injured party and their spouse had to be in a valid marriage or domestic partnership.
- Tortious Injury to the Spouse: The spouse must have a valid personal injury claim from the accident.
- Demonstrable Loss of Consortium: You must have evidence showing the marital companionship or relationship shift due to the spouse’s injuries.
- Link Between Injury and Loss of Consortium: You must demonstrate a direct connection between damage to your partner or family member and the ensuing changes to your marital arrangement or relationship.
What Evidence Can Prove Loss of Consortium in a Car Accident Claim?
Remember that when filing a claim for loss of consortium, you must show that you had a relationship with the victim at the time of the accident and how their injuries changed the connection and communication with the victim.
As such, you must have various types of evidence to support the impact of the injury on the marital relationship, including:
Testimony by either the injured plaintiff or their spouse
Testimony from your injured spouse can establish a loss of consortium. In such a statement, they can testify about the psychological and physical effects of their injury, as well as any restrictions or disabilities that have interfered with their capacity to assist you emotionally, participate in marital activities, or have personal relationships.
Additionally, as the spouse or family member, you can explain the modifications they have noticed in your marriage or relationship since the accident, such as any decline in affection, companionship, or help around the house. You may also include any psychological effects or emotional suffering brought on by the damage.
Testimony from close friends and family detailing the relationship
Family members, friends, or acquaintances can provide testimonies regarding changes in the married relationship, strengthening the loss of consortium claim.
You may ask them to jot down how they witnessed the dynamics of the relationship before the crash and compare them to the changes after the accident. In addition to the first-hand accounts you provide, such statements can justify the relationship and how the collision impacted it.
Photographs and videos showing the nature of the relationship
Photographic and video evidence that shows the nature of the plaintiff’s relationship with their spouse can be very persuasive in proving loss of consortium.
Such proof might offer a concrete depiction of the closeness and tie between the partners, emphasizing the quality of their relationship before the accident. These images can also show the extent of the restrictions or changes brought about by the victim’s injuries, such as their incapacity to participate in the relationship or engage in specific activities fully.
Financial Records
Mental health specialists or marriage counselors can provide expert views on how the injury has affected the marriage. They can shed light on behavioral changes, emotional discomfort, and the dynamics of the marriage.
When seeking professional counsel, they usually provide financial documentation, such as receipts for therapy or marriage counseling sessions, that shows the efforts made to address the changes in the marriage connection brought on by the injury.
Spouses and family members can effectively prove how a car accident injury has influenced their marriage or relationship and request fair compensation for loss of consortium by gathering and presenting pertinent information. A car accident lawyer can also assist in gathering such proof to prove the loss of consortium and maximize your claim.
How Can I Calculate Loss of Consortium?
Loss of consortium is considered non-economic damage, an intangible loss from a car accident. Unfortunately, this can be challenging to calculate as no receipt or documentation shows the extent of the damages.
However, the court may consider several considerations in determining the proper amount of damages for loss of consortium, such as:
- The victim’s living circumstances and the family member(s) submitting the loss of consortium claim.
- The length and stability of the marriage in situations where a spouse brings the claim.
- The wounded party’s participation in domestic duties and child care.
- The extent to which the injured person and the family member(s) making the claim were close and affectionate.
For instance, your husband sustains permanent leg injuries from a car accident. Due to the injury, they can no longer work and enjoy the hobbies they used to do before the accident. As a result, they also lose the will to enjoy life, affecting your relationship with them. In this case, you may demonstrate the dynamics of your relationship before the accident and how his leg injuries impacted his life and yours.
What Other Damages Can I Include In a Car Accident Claim?
Remember that when filing a claim for loss of consortium, the victim must initially have a valid personal injury claim detailing the damages brought by the collision. In such a claim, you may include the following losses to maximize your payout:
Economic damages refer to quantifiable financial losses resulting from a car accident, including:
- Medical expenses
- Vehicle damage repair costs
- Loss of income or financial support
- Out-of-pocket expenses
- Funeral and burial costs
Non-economic damages, on the other hand, address the emotional and psychological toll of the accident, such as:
- Pain and suffering endured by the victim
- Emotional distress experienced by surviving family members
- Post-Traumatic Stress Disorder (PTSD)
- Loss of companionship and emotional support
Additionally, punitive damages are an additional award against the negligent party for their reckless conduct leading to the accident.
While it may be challenging to quantify non-monetary losses, the best car accident lawyer California can offer can thoroughly assess all possible areas of compensation to ensure the highest settlement amount possible.
How Can a Car Car Accident Lawyer Help Me?
Dealing with the aftermath of a car accident can be stressful and emotionally draining. Even if you are not directly affected by the crash, your spouse’s or family member’s injuries can also influence your life, especially if they had significant injuries.
In most cases, surviving family members need to assist their injured family members and help them recover from their damages. What happens if you have too much on your plate, supporting your spouse and taking care of the rest of the family?
The best car accident lawyer California can offer will help you deal with the case while you focus on recovering from the impact of the crash. They can do the following to enhance the chances of a favorable claim outcome:
- Gather evidence to bolster your case.
- Determine liability on the part of the responsible party.
- Evaluate the complete scope of damages incurred.
- Communicate with the insurance company effectively.
- Commence legal proceedings, if necessary, based on the circumstances.
Who is the Best California Car Accident Lawyer California Can Offer?
At Jacoby & Meyers, we remain steadfast in our commitment to aiding accident victims in obtaining the justice they deserve. We also strive to give back to our communities by facilitating access to crucial medical care for those affected by accidents.
Our legal team has streamlined an effective process to ensure you are well informed about your legal rights and receive the justice you are entitled to. Our dedicated team of legal professionals provides exceptional service by:
- Maintaining transparent and open communication throughout every stage of your case.
- Skillfully negotiating with insurance companies to secure fair and just compensation on your behalf.
- Assisting in arranging appropriate medical treatments as advised by your healthcare provider.
- Providing support for any other concerns related to your accident to alleviate your worries.
- Safeguarding your legal rights by establishing liability, assessing the extent of damages, and vigorously advocating for your claim.
We offer a free consultation where you can receive legal guidance from the best car accident lawyer California can offer. To explore your legal options, reach out to us at 800-500-0000.
Jacoby & Meyers. Because Everyone Deserves Justice.
Hear From Our Past Clients
Although many other law firms make similar claims, we can offer our clients solid legal support. Thus, we encourage our former clients to talk about their satisfying experiences using our legal services.
“Emily Mendez is someone I would recommend. She took care of my case every step of the way and was deeply involved in overseeing every detail. I’m very satisfied with her work ethic. Thank You, Emily.” -Eddy F.
Frequently Asked Questions
Do you have further questions regarding car accident claims? We got you! Here are some frequently asked questions from injured auto accident victims that may help explain some aspects of your case.
- What Do in a Hit-and-Run Parked Car Situation?
- What are the Hit-and-Run Laws in California?
- What Are Your Options If An Uninsured Driver Hits You?
- My Personal Injury Settlement Check is Late; How Long Will It Take?
Works Cited
Bieber, Christy. “What Is Loss Of Consortium? – Forbes Advisor.” Forbes, 21 October 2022. Accessed 11 April 2024.
“loss of consortium | Wex | US Law | LII / Legal Information Institute.” Legal Information Institute. Accessed 11 April 2024.
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