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Loss of Consortium

When a serious accident happens, the harm often extends far beyond the injured person. Spouses or registered domestic partners may experience profound changes to their relationships, emotional well-being, and daily lives. California law recognizes this harm through a legal claim known as loss of consortium.

If you or your spouse were injured in an accident in Sherman Oaks, Los Angeles, or anywhere in Southern California, understanding loss of consortium claims can help protect your family’s rights and future.

A loss of consortium claim allows the uninjured spouse or registered domestic partner to seek compensation when an accident causes damage to the marital relationship.

Such as:

  • Loss of love, companionship, and affection

  • Loss of emotional support and comfort

  • Loss of intimacy or sexual relations

  • Loss of household services and shared activities

  • Emotional distress related to seeing a loved one suffer

 

These damages are considered non-economic, meaning they do not have a fixed dollar value but are still very real and legally compensable.In California, loss of consortium claims are generally limited to legally married spouses or registered domestic partners. Children, parents, or unmarried partners typically cannot bring a loss of consortium claim under current California law, even though they may suffer emotional harm.

The claim is filed in addition to the injured person’s personal injury claim and is usually handled together as part of the same case. Loss of consortium claims often arise from serious or catastrophic injuries caused by negligence, including:

  • Car accidents and truck accidents

  • Motorcycle and pedestrian accidents

  • Bus and public transportation accidents in Los Angeles

  • Slip and fall or premises liability injuries

  • Workplace accidents involving third-party negligence

  • Dog attacks and animal-related injuries

 

In areas like Sherman Oaks and the Greater Los Angeles Area, high traffic volume and busy urban environments increase the risk of severe injuries that can permanently alter family life.

To succeed in a loss of consortium claim, the spouse must show:

  • A valid marriage or registered domestic partnership at the time of the accident

  • A serious injury to their spouse caused by another party’s negligence

  • A direct impact on the marital relationship as a result of those injuries

Insurance companies often challenge these claims, arguing that relationship changes are “subjective” or unrelated to the accident. Clear documentation and experienced legal guidance are critical.

There is no formula for calculating loss of consortium damages in California. Instead, courts and insurance carriers consider factors such as:

  • Severity and permanence of the injured spouse’s condition

  • Changes to daily routines and shared activities

  • Emotional strain on the marriage

  • Length and stability of the relationship before the accident

Because these damages are deeply personal, they require careful presentation and credible supporting evidence. Many insurance companies focus only on medical bills and lost wages, overlooking the human cost of an injury. Loss of consortium claims are frequently minimized or excluded unless they are properly identified, documented, and pursued.

Working with a knowledgeable personal injury professional helps ensure that the full impact on your family is recognized, not just the physical injury. As a personal injury expert serving Sherman Oaks and Grater Los Angeles Area, Yana Di Bella understands that accidents affect entire families—not just individuals. Yana works closely with clients to:

  • Identify whether a loss of consortium claim applies

  • Ensure claims are properly included from the start

  • Communicate compassionately during a difficult time

  • Help families understand their legal options with clarity and care

Her approach is client-focused, empathetic, and rooted in clear communication—especially when families are navigating overwhelming circumstances. If your spouse was seriously injured in an accident caused by someone else’s negligence, you may have rights that are being overlooked. Our Sherman Oaks based personal injury law firm serves Sherman Oaks, Los Angeles, and surrounding Southern California communities. Contact Yana Di Bella today for a confidential case review
There is no obligation—just clear information, compassionate guidance, and support when you need it most.

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