When a loved one is injured, it can be devastating. Not only must they grapple with their new reality as a result of the negligence of another person, but the injuries can also impact your life as well. Many family members suffer a loss of consortium following a loved one’s injury. If this reflects your circumstances, the following blog explores what you should know about these matters, including your right to compensation in these circumstances. You will also discover the importance of working with our experienced Irvine personal injury lawyers to represent you in these difficult times.
Loss of consortium represents the deprivation of companionship when a spouse is injured due to an accident caused by another person. Partnership is an essential part of life for many, as partners provide love, support, companionship, and even help around the home. However, when your spouse is suddenly unable to provide these, it can significantly change your life.
In some instances, the injury sustained by your spouse may prevent them from engaging in sexual intimacy, even depriving them of the ability to have biological children. Because this also impacts you, it is critical to understand that you may be able to seek compensation for the damages you have endured as a result of your partner’s injuries.
In order to seek compensation for the loss of consortium you have suffered as a result of another person’s negligence, four elements must be proven:
It is imperative to understand that if you wish to seek compensation for this loss, the relationship, whether it be a legal marriage or domestic partnership, must be established before the injury.
If you are eligible to pursue a claim, it is necessary to understand the compensation you can recover. As you have not sustained any physical injury as a result, you will be unable to seek economic damages. However, you can fight for non-economic damages, like pain and suffering, loss of household support, emotional trauma, and the loss of enjoyment of sexual relations.
You should note that a loss of consortium claim generally reflects the outcome of your partner’s personal injury claim. As such, if their claim was not successful, your claim will likely not be successful either.
Enduring the loss of companionship and enjoyment of life due to the negligent actions of another person can be devastating. While nothing can change the past, recovering compensation for these damages can help ease the financial burden inflicted upon you and your spouse. If you wish to seek justice for the loss you and your spouse have suffered, the team at California Personal Injury Law Firm, APC, can assist you during these matters. Contact us today to discuss your circumstances with a member of our team during a free phone consultation.
© 2025 California Personal Injury Law Firm, APC. All rights reserved.
