In most cases, when a person files a personal injury claim in Sacramento, it is because he or she has suffered a grievous injury that resulted in serious emotional, physical and financial instability. Of course, most individuals would rather avoid legal proceedings all together, if it can be helped. But when the negligence is too great and the wounds run too deep, it is no longer a matter of whether or not legal action should be taken – but rather how it should be done. This is particularly true when the accident in question causes the severe impairment or death of a married individual. The injured individual’s partner may be forced into a difficult situation that leaves them wondering:
- Will our relationship ever be able to recover from this?
- Will I be able to care for my family effectively?
- Will we be able to have children?
- Do I have legal options?
What is Loss of Consortium?
In a Sacramento personal injury case, a married individual whose husband or wife has passed or suffered an incapacitating injury may apply a derivative claim entitled a loss of consortium. In essence, a loss of consortium attempts to acknowledge and compensate an impacted marriage through financial damages. As opposed to straightforward economic damages, such as hospital bills and property damage, a loss of consortium calculates the intangible costs involved, such as:
- Loss of affection, companionship and love
- Sexual impairment or dysfunction
- Emotional and mental anguish
- Inability to conceive children
For more information regarding a loss of consortium, contact the Demas Law Group, P.C., today. Together we can explore your options and decide whether or not such a claim suits your particular case. Dial (916) 444-0100 or submit your questions using the form found on this page and we will contact you shortly.
Who Can File For a Loss of Consortium in Sacramento?
While some states allow children to file for a loss of consortium, in the state of California only married couples may make such a claim. Therefore, if you are the surviving member of a marriage or domestic partnership, you have the right to seek a loss of consortium as part of a personal injury claim. Keep in mind that such claims are weighed heavily on a number of factors, some of which are very intimate and extremely personal. These facts will need to be addressed, sometimes in open court, and will reveal a great deal about your personal life to the public. For that reason, we highly recommend speaking with a dedicated personal injury firm to explore your options thoroughly.
Call the Demas Law Group, P.C., today at (916) 444-0100 and schedule a confidential case consultation with one of our Sacramento attorneys. We will be able to help you decide what is right for your family and for your future.
This literature may be considered attorney advertising or an offer of professional services, according to rule 1-400 Rules of Professional Conduct by the State Bar of California. The information does not constitute a guarantee, warranty or prediction regarding the outcome of your potential legal matter.