Many accidents in California change relationships forever. If you or someone you love was affected by a car accident or a fall, rifts can easily develop. The nature of certain injuries might make it impossible for marriages to continue. Certain injuries may make intimate activities impossible. Fatal accidents may leave widows grieving for decades. All of these incidents involve a specific issue known in the legal world as “loss of consortium.” If you have experienced similar hardships, you may be eligible for compensation. However, loss of consortium is one of the most complex “damages” you can claim in an injury case. As a result, it makes sense to work with experienced California injury lawyers when pursuing this type of compensation.

Loss of Consortium is a Type of Non-Economic Damage

The first thing you should know about the loss of consortium is that this is a type of “non-economic damage.” Like all non-economic damages, loss of consortium represents emotional or mental hardships rather than financial losses. Other examples of non-economic damages include things like PTSD, depression, and emotional distress. Due to the nature of non-economic damages, they can be difficult to document and prove. While you can point to a receipt to establish your medical expenses, there may not be clear documentation of emotional hardships. This highlights the need to work alongside experienced personal injury attorneys who can help you establish the legitimacy of non-economic damages like loss of consortium.

What is Loss of Consortium?

The Cornell Law School describes loss of consortium as the “loss or impairment” of a marriage or romantic relationship. Courts may agree that these relationships offer people certain benefits that cannot be documented in purely financial terms. A spouse might argue that their marriage is priceless and that no amount of money can replace the simple joys of coming home to a loved one each day. Some loss of consortium claims specifically revolve around the benefits of intimate relationships.

A loss of consortium claim can involve either the death or the severe injury of a loved one. For example, your spouse might die in a car crash – leaving you with serious grief and loneliness. Alternatively, your spouse might suffer permanent, severe injuries that prevent you from fully enjoying your marriage. It is worth noting that direct victims cannot file loss of consortium claims. These claims are only available to the partners of direct victims.

Examples of Loss of Consortium

There are many potential examples to consider. Perhaps the most obvious is the death of a loved one. However, one should also consider the various injuries that can affect marriages – including the drastic, long-term effects of a traumatic brain injury (TBI). Over time, your partner might experience certain behavioral and personality changes as a direct result of brain damage. Even if they appear totally healthy on the outside, their mind may have been irrevocably altered. As the spouse of the victim, you might be the only one who understands the true extent of these changes.

Some traumatic brain injuries can even cause changes in sexuality. Although this might seem unthinkable, doctors have documented many cases of sexual changes among TBI victims. Some lose their inhibitions, perhaps becoming more likely to engage in extramarital affairs. Others experience a total change in sexual attraction – perhaps becoming attracted to a totally different gender.

TBIs can also dramatic changes in cognitive ability. After a brain injury, the victim may exhibit the behavior and personality of a small child. Unfortunately, they may never recover their prior cognitive skills. Faced with this kind of issue, a marriage may prove completely untenable.

Another obvious example might involve spinal cord injuries. The resulting paralysis can make intimate activities impossible. Although this is something that most people would rather never think about, it can easily become a reality for married couples.

Even if couples retain the ability to be physically intimate with one another, they may nonetheless lose the ability to have children after accidents. For example, a car crash might affect the reproductive organs of a victim. This victim may retain the ability to be intimate, but not the ability to have children. Such cases can lead to compensation for loss of consortium.

Although some states allow children to claim loss of consortium after losing their parents, California law specifically states that only spouses and “registered partners” are eligible.

Pursuing Compensation for Loss of Consortium in California

To pursue loss of consortium after an accident in California, you must file a separate lawsuit. Your spouse or registered partner may file their own injury claim as a result of the accident, but this will only involve their damages. Because loss of consortium is your damage and yours alone, you will need to file a separate lawsuit.

One thing to consider is the existence of prior settlements or court decisions. If a court in California rules that a defendant was not liable for your spouse’s accident, you cannot subsequently sue the same defendant for loss of consortium.

One of the key requirements is to establish causation. In other words, you need to establish a direct connection between the accident and the collapse of your relationship. In many cases, defendants will attempt to argue that your marriage was already “on thin ice” prior to the accident. They might also attempt to show that certain health issues were pre-existing – including infertility. If your claim revolves around the ability to be intimate, courts might even attempt to prove that you had not been intimate with your spouse in many years prior to the accident.

Find a Qualified Injury Attorney in California

If you have been searching for a qualified injury lawyer in California, look no further than Miracle Law. Over the years, we have helped numerous injured plaintiffs throughout California – including those who have suffered damaged relationships and lost loved ones. We know how troubling these issues can be, and we are ready to pursue compensation on your behalf. Loss of consortium is a legitimate damage, and you are fully entitled to claim it in certain situations. To determine whether this might be possible, be sure to reach out to our experienced attorneys at your earliest convenience.