Assume your wife was involved in a serious automobile accident with very serious injuries. Since the accident, you have been caring for the every need of your spouse. This could go on for months and perhaps years. Clearly you have been damaged for the loss of love, care, and comfort that your wife had provided to you before this terrible accident. Certainly, she can recover for her injuries. However, can you recover monetarily for the suffering you have been going through? The answer is “yes”—it is called a loss of consortium claim. In California, an injured spouse can claim for the loss of love, care, and comfort that he or she has been deprived of because of the injuires the spouse had incurred from the accident. Of course, in order to place a value upon this loss certainly would depend upon the nature and extent of what the spouse has now been deprived. The greater amount of time spent with the injured spouse prior to this accident, then certainly the greater the loss of consortium (and value) one would have. My experience in dealing with these claims usually has a direct correlation with the nature and extent of the injury to the injured spouse. Generally speaking, the loss of consortium claim is usually about 10% of the value of the injured spouse’s claim. However, this value is only a starting point. Any particular claim could be much higher or lower, depending on the facts that support them.
If you, your spouse, friend, or family member has been involved in an automobile accident, feel free to call me for a free consultation. My website and contact information can be found by clicking here.
