One of the most challenging scenarios to imagine is receiving a phone call from the hospital informing you that your spouse has been in a car accident. The news is even more devastating when you learn that someone else’s negligence caused the accident. The details of their condition and the prognosis for their recovery can quickly become overwhelming, and in the midst of it all, you may be faced with the prospect of having to prove “loss of consortium.”
What Is Loss of Consortium?
Proving Loss of Consortium in California
There are two ways to approach proving loss of consortium in a California personal injury lawsuit:
- The first is to present evidence of the specific ways in which the injuries have impacted your relationship. This might include testimony from yourself and other family members about how the injured spouse has changed since the accident. It might also include medical records or expert testimony about the injuries’ nature and prognosis.
- The second way to prove loss of consortium is to show that the injured spouse’s injuries have prevented them from performing certain activities or tasks that were a regular part of your relationship. This might include things like not being able to go on vacations together or not being able to participate in favorite hobbies.
To win a loss of consortium claim, you will need to be able to provide evidence to support your assertions. This might include things like:
- Medical records. Documentation of the injuries suffered by the injured spouse, as well as their prognosis
- Witness testimony. Testimony from family and friends about how the accident has impacted the injured spouse and your relationship
- Pictures or videos. Documentation of how the accident has prevented you from participating in activities that you previously enjoyed together
These are just a few examples of the types of evidence that might be used to prove loss of consortium in a California personal injury lawsuit. If you have been impacted by the injuries suffered by your spouse in a car accident, speak with an experienced attorney who can help you understand exactly what evidence will be necessary to prove your claim.
Q: What are the elements for loss of consortium?
A: Generally, the elements for loss of consortium are that (a) you were married to the injured person at the time of the accident, (b) someone else’s negligence caused the accident, and (c) as a result of the accident, you have suffered a loss of companionship in your relationship.
Q: Who can bring a loss of consortium claim in California?
A: Generally, only the injured person’s spouse can bring a loss of consortium claim. In some cases, however, other family members may be able to bring a claim if they can clearly demonstrate they were financially dependent on the injured person. These claims are known as “derivative claims” and can be quite complicated without the help of an experienced attorney.
Q: How do you describe the loss of consortium?
A: In a legal context, “consortium” refers to the relationship between spouses. It includes the love, companionship, comfort, and affection that spouses enjoy with each other. The law recognizes that this relationship is special and important and that its loss can cause significant harm. A loss of consortium claim is a type of damages that may be available to a spouse who has been injured in an accident to recover for these losses.
Q: What is a loss of consortium example?
A: One common example of a loss of consortium claim arises when one spouse is injured in a car accident. If another driver’s negligence caused the accident, the injured spouse may be able to bring a personal injury claim against that driver. In addition, the uninjured spouse may also have a loss of consortium claim against the negligent driver. This is because the injured spouse’s injuries may have a negative impact on the uninjured spouse’s relationship, including the loss of companionship, comfort, and intimacy.
Q: How do you win a loss of consortium case?
A: To succeed on a loss of consortium claim, the plaintiff must prove that the defendant’s negligence caused the plaintiff’s injuries. This requires proving that the plaintiff would not have been injured but for the defendant’s negligence. Once causation is established, the plaintiff must prove the extent of their damages. This will typically require expert testimony to demonstrate the value of the plaintiff’s losses.
Do I Need an Attorney?
If you have been injured, or if your spouse has been injured and you believe you have a loss of consortium claim, it is important to speak with an experienced personal injury attorney as soon as possible. An attorney can carefully explain the law to you, help you gather the necessary evidence to support your claim, and advance your rights in court.
Contacting a personal injury attorney is especially important if you are considering bringing a derivative claim, as these claims can be complicated to win without the help of an attorney.
At Kreeger Law Firm, our experienced personal injury attorneys have helped many people who have been injured in car accidents, and we can help you too. We understand the law and know what evidence is necessary to win a loss of consortium claim. We will fight for you and make sure that you get the compensation you deserve. Contact us today to begin your case.