When a serious injury harms a marriage, the uninjured spouse may have their own claim.
A Spouse's Separate Claim
Loss of consortium is a separate claim belonging to the uninjured spouse of a seriously injured person, recognizing harm to the marital relationship.
It is distinct from the injured spouse's own claim.
What Loss of Consortium Covers
It compensates for the loss of companionship, affection, support, and intimacy that results when a spouse is seriously injured.
These are real relational losses the law recognizes.
Who Can Bring the Claim
In California, loss of consortium is generally available to a married spouse or registered domestic partner of the injured person.
The relationship requirement is specific.
Proving the Harm to the Relationship
Testimony about the changes in the relationship and daily life before and after the injury helps establish the claim.
The more profound the change, the stronger the claim.
How It Affects Total Recovery
A loss-of-consortium claim adds to the family's total recovery, recognizing harm beyond the injured person's losses.
It captures a dimension of harm that would otherwise go uncompensated.
Understanding This Often-Overlooked Claim
Many families do not realize a spouse may have a separate claim. Recognizing it ensures full recovery.
A free case review can explain whether loss of consortium applies.
This article is for general informational purposes only and is not legal advice. Laws change and every case is different. For advice about your specific situation, consult a licensed California attorney.