Loss of Consortium
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LOSS OF COMPANIONSHIP OR LOSS OF SUPPORT
You're Not Overreacting. Your Loved One's Injury
Changed Your Relationship.
Get answers before you speak with the insurance company.
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Two Hearts. One Injury. Two Lives Changed
When a loved one is seriously injured because of someone else's actions, the impact often extends far beyond the physical injuries. A loss of consortium claim recognizes how a serious injury can change a marriage or registered domestic partnership by affecting companionship, affection, intimacy, emotional support, and the everyday relationship you once shared.
Life can change in an instant. Many spouses and registered domestic partners suddenly find themselves taking on new responsibilities while coping with emotional, financial, and personal challenges they never expected. When life changes so suddenly, most people are focused on helping the person they love—not realizing that the law may also recognize the impact the injury has had on their relationship.
Understanding how California loss of consortium claims work is an important first step toward understanding your options and making informed decisions for your family's future.
Loss of Consortium
Who, Why, and How
Depending on the circumstances, a loss of consortium claim may include:
🔘Loss of love, companionship, and affection
🔘Loss of emotional support
🔘 of intimacy
🔘Changes in household responsibilities and shared activities
🔘 emotional impact of watching a loved one struggle with a serious injury
These are considered non-economic damages, meaning they do not have a fixed dollar value but can still have a profound impact on a relationship.
In California, only legally married spouses and registered domestic partners may bring a loss of consortium claim. Children, parents, unmarried partners, and other family members cannot pursue this type of claim, even though they may experience similar losses following a loved one's injury.
Even the Obvious Has to Be Proven.
Generally, a loss of consortium claim is brought in addition to the injured person's personal injury claim as part of the same case and may arise from:
🔘Motor vehicle accidents
🔘Hit-and-run accidents
🔘Pedestrian accidents
🔘Bicycle accidents
🔘Passenger injury claims
🔘Slip and fall accidents
🔘Other serious personal injury incidents involving another person or company
To establish a loss of consortium claim, the spouse or registered domestic partner generally must prove that:
🔘A valid marriage or registered domestic partnership existed at the time of the injury
🔘Their spouse or registered domestic partner suffered a serious injury caused by another party
🔘The injury had a direct impact on their relationship
Because these losses are not measured by medical bills or receipts, they are often supported by evidence showing how the relationship changed as a direct result of the injury.
The Facts Matter. So Does the Evidence.
No two relationships are exactly alike. Every marriage or registered domestic partnership is unique. The relationship before the injury, the severity of the injuries, and the available evidence all help determine how a claim is evaluated.
Helpful evidence may include:
🔘Medical records documenting the injured spouse's condition
🔘Photographs or videos showing the impact of the injuries
🔘Testimony from the spouses, family members, or close friends
🔘Evidence of changes in household responsibilities or daily routines
🔘Documentation showing changes in companionship, intimacy, or shared activities
🔘Any other evidence showing how the relationship changed as a direct result of the injury
Every relationship is unique, and every loss of consortium claim depends on demonstrating how the injury changed that relationship.
Loss of consortium claims are generally subject to the same legal deadlines as the injured person's personal injury claim. Waiting too long may affect your ability to pursue compensation, and claims involving government entities may have much shorter notice requirements.
Don't Miss Important Deadlines
Every Relationship Is Different.
Understanding What Changed Is the First Step to Understanding Your Options.
Get answers before speaking with the insurance company.
Free consultation. No pressure.
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