LOSS OF CONSORTIUM DEFINITION
WHAT DOES LOSS OF CONSORTIUM MEAN?
Cornell’s Legal Information Institute defines it as a, “deprivation of the benefits of a family relationship due to injuries” inflicted by the defendant on the victim. Some of these lost benefits include:
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Sexual connection
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Love and affection
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Loss of Companionship
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Protection
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Support
Because it’s difficult to quantify the aforementioned benefits, “loss of consortium” is a type of non-economic compensatory damage, one that the victim’s loved ones may seek compensation for.
FILING A LOSS OF CONSORTIUM DAMAGES CLAIM
The burden of proving loss of consortium falls onto the claimants themselves. For one, they have to prove that the injury incurred by their loved one is affecting their relationship.
For example, if a loved one suffered a traumatic brain injury, rendering them immobile in a vegetative state, then the claimant would have a pretty airtight reason for filing a loss of consortium claim. After all, the victim does not have the motor and cognitive functions to provide any emotional support towards the claimant due to the injury. But this isn’t always the case for everybody, which is why you will need the supervision of a Los Angeles personal injury lawyer when filing a loss of consortium claim.
WHO CAN FILE A LOSS OF CONSORTIUM CLAIM?
Not just anybody can file this claim: they have to be kin to the injured party. Depending on state law, they can be the victim’s:
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Spouse: They would need to have a valid marriage license or domestic partner certificate
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Children: This includes legally adopted children.
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Parents
State law regarding loss of consortium claims may vary.
WHAT IS THE LOSS OF CONSORTIUM WORTH IN A COURT OF LAW?
As the lost benefits attached to loss of consortium claims are hard to quantify, it’s difficult to determine what such cases are worth. It’s not like economic damages where the courts can simply look at piles of receipt to assess how much loss the claimant has accrued as a result of the injury. The concept of loss, pain, and suffering are way too abstract.
In California, the Judicial Council of California Civil Jury Instructions states that the worth of the loss of consortium should be measured based on the jury’s “common sense.” Thus, the claimant would need to consult with a Los Angeles personal injury lawyer about how to make a compelling case to persuade the jury.
CALL OMEGA LAW GROUP
We have represented clients who have been affected by various personal injuries, including Spinal Cord Injury, Traumatic Brain Injury, Soft Tissue Injury, and many more. Our awards and excellent testimonials are a result of our ability to empathize and attend to the needs of our clients. Here at Omega Law Group, you will come first.
If you or a loved one is suffering due to an accident, reach out to our team. Visit our Contact Us page or call us at 866-942-3881.