Loss of consortium is a legal term used in personal injury cases to refer to the loss of companionship, affection, and support that one spouse or family member experiences due to the injury or death of their loved one. This type of claim can arise from a variety of incidents, including car accidents, workplace injuries, and medical malpractice, among others.
If you or a loved one is affected by such an injury, it is important to understand what loss of consortium entails and how it impacts your legal rights.
Elements of a Loss of Consortium Claim
To win a loss of consortium claim, certain elements must be established. These elements vary slightly depending on the specific facts of the case, but generally include the following:
Existence of a Valid Personal Injury Claim
The injured person must first have a valid personal injury claim. Without this, a loss of consortium claim is unlikely to succeed. The injured person’s claim must show that their injuries were caused by someone else’s negligence or wrongful conduct.
Loss of the Relationship
The spouse or family member bringing the claim must prove that the injury or death of their loved one resulted in a loss of companionship, emotional support, affection, or sexual relations. This is typically done through testimony, medical records, and other evidence that shows how the relationship has changed due to the injury.
Emotional and Economic Impact
The plaintiff must show that the loss of consortium has caused emotional distress and may also demonstrate economic impact, such as the loss of household services or support that the injured person previously provided.
Causation
The claimant must prove that the injury or death of the loved one directly caused the loss of consortium. This means showing that the harm suffered by the injured person is the reason for the changes in the relationship and emotional distress.
Types of Injuries That May Lead to a Loss of Consortium Claim
Several types of injuries can lead to a loss of consortium claim, including:
Catastrophic Injuries
Serious injuries such as brain injuries, spinal cord injuries, amputations, and paralysis can drastically alter a person’s ability to engage in relationships, work, and daily activities.
Chronic Illnesses or Disabilities
If a person suffers from a long-term illness or disability caused by an accident or medical malpractice, their spouse or family members may claim loss of consortium if the illness affects the family dynamic.
Wrongful Death
In cases where a loved one is killed due to someone else’s negligence, loss of consortium claims can be made to compensate the surviving family members for their emotional suffering and loss of companionship.
How to Prove Loss of Consortium
Proving loss of consortium can be challenging because it involves demonstrating intangible emotional damages. Here are a few common ways to prove loss of consortium:
Testimony From the Injured Party
The injured person can provide testimony about how their relationship has changed due to their injury. For example, a spouse may explain how, due to physical limitations, they can no longer engage in the same activities with their partner.
Testimony From the Claimant
The spouse or family member bringing the loss of consortium claim may testify about the impact the injury has had on their life. This might include emotional distress, feelings of loss, or changes in the intimacy of their relationship.
Medical Records and Documentation
Documentation from medical professionals showing the extent of the injury and its effect on the individual’s ability to engage in everyday activities can help establish the loss of consortium. For example, a doctor might explain how an injury limits a person’s ability to maintain a close relationship with their spouse.
Witness Testimony
Friends, family members, or colleagues who have observed the relationship between the injured person and the claimant may be able to testify to the changes they’ve seen as a result of the injury.
How Long Do I Have to File a Loss of Consortium Claim in California?
California has limitations on how long you can wait to file a loss of consortium claim. This is governed by the statute of limitations for personal injury lawsuits, which is typically two years from the date of the accident or injury. It is important to consult with an attorney as soon as possible to ensure that you do not miss the deadline.
Contact a Tarzana Personal Injury Lawyer for a Free Consultation
Loss of consortium claims play a crucial role in ensuring that those who suffer emotional distress due to the injury or death of a loved one are properly compensated. While these claims can be challenging to prove, they provide important legal recognition of the impact that such incidents have on family relationships.
If you or a loved one has been affected, consulting with a Tarzana personal injury attorney is a critical step toward obtaining justice and compensation. Call JUSTICENTER Personal Injury Lawyers today at 833-852-3600 to schedule a free consultation.
