What is a Loss of Consortium action? In California, there is a recognizable cause of action for loss of consortium for the spouse and/or registered domestic partner of the injured party. California does not recognize a loss of consortium claim for parent/child. Cohabitants of the injured person do not have a viable claim either.
Recently, a case came up where a man was badly injured due to an accident. Unfortunately, his injuries permanently affected his ability to carry out activities of daily living. It was clear to me that his injuries had taken a toll on his wife. Even though his wife was not involved directly in the accident, I advised her that she may want to consider and bring a claim for loss of consortium.
In California, the loss of consortium is defined a claim for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support and/or the loss of the enjoyment of sexual relations between the injured parties. (CACI section 3920). In essence, when a party is badly injured due to an accident, their spouse will be able to have a claim for the loss of activities they were formerly able to do. Typically, this does not come into context for motor vehicle accidents with minor injuries. However, for severe accidents with traumatic and debilitating injuries, there is definitively value in these types of claims.
If you or anyone you know has been involved in a motor vehicle accident and would like a free consultation to discuss your claims, please feel free to contact the Law Firm of Rivers J. Morrell today.
I invite you to review the strong recommendations of our clients and the legal industry and contact us or call 949-305-1400 to speak with me personally for a free consultation. There is no cost to you out of pocket as we work on a contingency fee basis.