Understanding Loss of Consortium in California
The legal system of the State of California is full of complexities, and the concept of Loss of Consortium is no exception. Although the phrase may seem strange, it covers a variety of rights and obligations that can be difficult to understand.
Understanding loss of consortium in California is a complicated matter. Although rare, it is possible to receive compensation for the loss of a partner if the partner has been wrongfully injured or killed.
Whether in the form of a settlement, jury award, or judgment, it is essential to understand the legal process, and therefore how to seek compensation. Compensating for loss of consortium in California is something that can be explored further, but it is important to know that it is possible and what steps to take if justice is sought.
What is loss of consortium?
Loss of consortium is a legal claim usually brought by the spouse of a person who was injured or died due to the negligence of another party. In California, loss of consortium refers to the loss of the ability to have a normal relationship with a spouse, including loss of companionship, financial support, love, affection, and sexual relations.
Loss of Consortium Compensation in California
Compensation for loss of consortium can take the form of compensation for emotional distress and economic damages. Those who have suffered a loss of consortium due to the injury of a loved one have the right to seek compensation. To do so, they will need to try the following:
§ The injured spouse suffered a serious and permanent injury or died as a result of her injuries.
§ The injured spouse’s injury was caused by the negligence or illegal conduct of a third party.
§ The plaintiff (the non-injured spouse) has suffered a loss of consortium as a result of her spouse’s injury.
Damages for loss of consortium are considered non-economic damages, meaning they are not based on specific financial losses or expenses. Instead, they are intended to compensate the non-injured spouse for the non-tangible losses he has suffered as a result of his spouse’s injury.
If you or a loved one have experienced this situation, please contact us immediately. At the Nourmand Law Firm, we will help you review your case, fight for your rights, and make sure you get the compensation you deserve in these difficult times. Call us today!
