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Loss of Consortium Claims: How Personal Injuries Affect Relationships

If you or your loved one has suffered a serious personal injury due to someone else’s negligence, you may be entitled to seek compensation for your damages. However, the impact of a personal injury is not limited to the physical and financial aspects. It can also affect your emotional and relational well-being, especially if you are married or in a committed relationship.

 

In this blog post, our personal injury lawyers will explain what loss of consortium is, how it affects your relationships, and how you can pursue a claim for it. We’ll also discuss how California law applies to loss of consortium claims and how HHJ Trial Attorneys can help you and your partner get the justice and compensation you deserve.

What Is Loss of Consortium?

Loss of consortium is a legal term that refers to the loss of the benefits of a marital or familial relationship due to a personal injury.

 

These benefits include:

 

  • Love, affection, companionship, and emotional support
  • Sexual intimacy and satisfaction
  • Household services and assistance
  • Parental guidance and care

 

Loss of consortium can occur when one partner suffers a severe or catastrophic injury that affects their ability to perform or enjoy these aspects of the relationship.

 

For example, a spinal cord injury, a brain injury, a burn injury, or an amputation can impair one’s physical, mental, or sexual functions and cause pain, depression, or personality changes. These can, in turn, affect the quality and quantity of the interaction and intimacy between the partners and cause emotional distress, frustration, or resentment.

How Does Loss of Consortium Affect Your Relationship?

Loss of consortium can have a profound and lasting impact on your relationship. It can cause a loss of:

 

  • Closeness and connection
  • Sexual fulfillment and pleasure
  • Mutual respect and admiration
  • Shared goals and interests
  • Communication and understanding
  • Trust and confidence
  • Happiness and satisfaction

 

Loss of consortium can also affect other aspects of your life, such as your social life, family life, career, and self-esteem. It can also increase the risk of divorce or separation, as well as mental health issues, such as anxiety, depression, or post-traumatic stress disorder.

How Can You Pursue a Claim for Loss of Consortium?

If you’ve suffered a loss of consortium due to your partner’s injury, you may be able to pursue a claim for it as part of your partner’s personal injury lawsuit.

 

A loss of consortium claim is a separate and distinct claim from your partner’s claim for their damages, such as medical expenses, lost wages, pain and suffering, and so on. A loss of consortium claim is based on your own damages, such as your loss of love, companionship, intimacy, and services.

 

To pursue a claim for loss of consortium, you need to prove that:

 

  • The negligence or wrongdoing of another party caused your partner’s injury
  • Your partner’s injury resulted in a loss of consortium for you
  • You suffered damages as a result of the loss of consortium

 

You can use various types of evidence to support your claim, such as:

 

  • Medical records and bills that show the nature and extent of your partner’s injury
  • Testimony from your partner, yourself, or other witnesses that describe how your partner’s injury affected your relationship
  • Expert opinions from doctors, therapists, or counselors that explain how your partner’s injury impaired their physical, mental, or sexual functions and how that affected your relationship

You can also use photographs, videos, letters, cards, or other documents that demonstrate the quality and quantity of your relationship before and after the injury.

How Does California Law Apply to Loss of Consortium Claims?

California law recognizes the right of spouses or registered domestic partners to pursue a claim for loss of consortium due to their partner’s personal injury.

 

However, there are some limitations and requirements that apply to loss of consortium claims in California, such as:

 

  • You must be legally married or registered as domestic partners at the time of the injury.
  • You must file your claim within the same statute of limitations as your partner’s personal injury claim – generally two years from the date of the injury.
  • You must join your claim with your partner’s personal injury claim and not file it separately or later.
  • You must prove that your partner’s injury was caused by the negligence or wrongdoing of another party and not by your fault or contribution.

You must also prove that your partner’s injury resulted in a significant loss of consortium for you and not just a minor or temporary inconvenience.

How Can HHJ Trial Attorneys Help With Your Loss of Consortium Claim?

If you’ve suffered a loss of consortium due to your partner’s injury, you need a skilled and experienced personal injury lawyer who can help you protect your rights and interests.

 

At HHJ Trial Attorneys, we understand how personal injuries affect relationships, and we’re committed to helping you and your partner get the justice and compensation you deserve.

 

We have the knowledge and the resources to handle complex and challenging loss of consortium claims, and we will fight for your best interests every step of the way.

 

We will:

 

  • Conduct a thorough investigation of your case and gather all the evidence to prove the liability and the damages of the negligent party.
  • Negotiate with the insurance company and the other party to get you a fair and reasonable settlement that covers all your losses.
  • Represent you and your partner in court if the settlement offer is not satisfactory or if the other party refuses to cooperate.
  • Guide you and your partner through the legal process, and make sure that your rights and interests are always protected.
  • Work on a contingency fee basis, which means that you don’t pay us anything unless we win your case.

If someone else’s negligence has injured you or your partner, don’t hesitate to contact us today for a free consultation.

 

 

 

 

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