An unexpected accident can upend an injured person’s family. It can disrupt one’s everyday routine before the accident and adversely affect the lives of family members, especially for a spouse who must guide them through recovery. Can your spouse sue the at-fault party for their loss?
What is loss of consortium and who can claim it?
A person injured in an accident endures immense pain and difficulty. Their loved ones and family members must also bear the brunt of this. Due to the injury, a spouse might lose companionship, comfort and love. That is why the court allows a spouse to stake a claim in their loved one’s accident under loss of consortium. It is important to note that the children or other family members cannot file for this claim.
What legal condition should one meet to apply for the claim?
If a spouse is going to file a loss of consortium claim, they should be legally married when another party’s negligence caused the accident to their loved one. However, one should keep in mind that California law doesn’t recognize common-law marriages, so they cannot file a claim.
When can one make a loss of consortium claim?
Usually, there are two primary scenarios in which a spouse is entitled to make this claim. For example:
- The healthy spouse must take on extra household or financial responsibilities to cover for their partner.
- The injured spouse becomes fully incapacitated, leading to a complete loss of their help and support.
In either scenario, the accident must have caused significant loss and hardship to the spouse.
How can legal guidance help?
An accident hurts more than just one person. The ripples are felt deeply across the entire household. If the at-fault party’s negligence put a strain on your marriage, with the help of a personal injury attorney, you may secure the comprehensive support your family needs to rebuild.
