In California, the impact of an injury extends beyond the individual directly harmed, often affecting the quality of life and relationship of the uninjured spouse or registered domestic partner. A loss of consortium claim allows the spouse or partner to seek compensation for these emotional and relational impacts resulting from the partner's injury caused by negligence.
What Loss of Consortium Encompasses: Loss of consortium covers the deprivation of various aspects of a marital relationship due to an injury. These damages are considered non-economic because they are intangible losses that are difficult to quantify. According to California Civil Jury Instruction 3920, these aspects include:
- Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
- Loss of the enjoyment of sexual relations.
- Loss of the ability to have children.
Who Can File a Claim in Ventura? Only a legally married spouse or registered domestic partner can file a loss of consortium claim in California. Unmarried partners are not eligible to seek such damages. Proving this claim often involves testimony regarding changes in the relationship, such as diminished intimacy or support, especially after incidents involving serious injuries like Catastrophic Injuries. Our attorney, Nichole Bartlett, has experience with these complex claims.
For a free consultation about your claim, contact our Ventura, CA office, Richard | Bartlett Lawyers, today. Call us at (805) 438-2440 or visit our website.