When you are injured in an accident that was caused by the negligent or reckless actions of another party, you may be entitled to damages. Your spouse may also be entitled to damages as a result of the third-party’s negligent or intentional actions. Your spouse would have an additional claim against the liable party. If your Stockton injury lawyer determines your spouse is also entitled to such damages, they will file a separate claim for loss of consortium damages.
What is Loss of Consortium?
The loss of consortium is a legal claim that describes the deprivation of benefits that an intimate or familial relationship offers. This type of damage includes loss of:
- Love
- Companionship
- Comfort
- Care
- Assistance
- Protection
- Affection
- Sexual intimacy
Unlike other types of personal injury claim, the individual to be compensated is not the victim who was physically injured or killed. Rather, it is the close family members, such as the spouse, who can bring a loss of consortium claim because it is specifically intended to compensate for a lost relationship.
Categories of Loss of Consortium
Loss of consortium generally falls into one of three different categories: 1) damages for loss of services; 2) damages for loss of support; and 3) damages for loss of quality of marital relations.
Loss of services generally refers to the reasonable value of the chores and other services that the injured spouse did or provided as part of the household. Some examples include cooking, grocery shopping, and mowing the lawn.
Loss of support deals with the amount of monetary and financial support the injured spouse contributed to the family prior to the accident that injured or killed them. This is typically related to the injured spouse’s loss of income and loss of future earning capacity. It is a different calculation and award that is provided to the uninjured spouse.
Loss of marital relationship refers to anything else that cannot be labeled with a dollar sign but is valued to a marital relationship, such as companionship, sexual relations, love and affection. Your Stockton personal injury attorney will ask the jury to consider certain emotional factors when determining damages for the loss of marital relationship. This type of damage is often the most difficult to value.
Consult with a Stockton Personal Injury Attorney
If you or a loved one has suffered an injury in an accident that was caused by the negligent or reckless act of a third party, you may be entitled to monetary compensation. For more information or to schedule a free consultation with an experienced Stockton personal injury attorney, call the Srai Law Offices today at (209) 323-5558.