To Address the Loss of the Consortium Claim: Hire a Personal Injury Lawyer San Diego

An accident can severely impact a marital relationship if your spouse has been affected by an accident. This incident is acknowledged by the legal system of San Diego and termed a loss of consortium, where one can file a claim to seek compensation for the intangible loss, they have suffered due to the injury of the other partner. Now, let's learn how to file a loss of consortium claim.

What Is the Loss of Consortium?

The loss that a family experiences in their relationships due to injuries caused by an accident or third party is called loss of consortium. Here, the points that can be included are loss of companionship, the effect on sexual relations, and deprivation of emotional support or affection, which occurs when a spouse gets injured. This type of injury is addressed as non-economic damage, where the primary focus is on the emotional aspect of a marital relationship.

When Can You File a Loss of Consortium Claim?

Only an injured person's spouse or registered domestic partner can file the loss of consortium claim. Other family members, such as children or parents, do not have the right to file this claim, also recognized as a marital or domestic partnership claim. A personal injury lawyer from https://hhjtrialattorneys.com/ can help you better understand the eligibility criteria.

How Do You Establish a Loss of Consortium Claim?

There are certain elements that you have to focus on to establish a loss of consortium claim, such as:

• The person filing the claim should be legally married to the affected or injured individual. The claim is only acceptable if somebody in a registered domestic partnership files it at the time of injury.
• If the injury has occurred due to any wrongful act or the negligence of the third party, there can also be a loss of consortium due to the partner's injury.
• There can also be a causal connection or a direct link between the injury and the defendant's action, which has led to the loss of consortium.

What Are the Challenges Faced?

The loss of consortium claim is regarded as intangible; thus, providing evidence that one can easily present in other cases, such as medical bills and lost wages, becomes difficult. The loss of companionship or intimacy is abstract, so you have to include a different set of evidence to support the claim, such as:

• You need to provide a statement from the injured partner, friends, and family members describing the change they have witnessed in the relationship due to the injury.
• If you are going through any counselling session, you have to keep every record of it and present the personal journals or any illustrations that can prove the emotional impact of the injury.

Summing it Up

There can be a reduced capability to share experiences or provide mutual support to the spouse or emotional suffering or distress that has resulted due to the injury of the partner. Also, the loss of intimacy or affection between the couple due to the injury is considered. But, if you find the process complex, consult an experienced personal injury attorney.