LEARN ABOUTLoss Of Consortium

SPINAL CORD INJURY LAWYERSLoss of Consortium

Loss of consortium is finally recognized in most jurisdictions. In lay terms, loss of consortium or “trauma to the marital relationship” recognizes the fact that due to injury, a spouse may not be capable of performing those tasks as pre-morbidly performed.

The claim of loss of consortium establishes the right of one spouse to state a cause of action for loss of companionship, emotional support, love, and sexual relations caused by a negligent or intentional injury to the other spouse by a third party. Disparagingly described as “sentimental” or “parasitic” damages, the mental and emotional anguish caused by seeing a healthy, loving, companionable mate turned into a shell of a person is real enough. To describe the loss as “indirect” is only to evade the issue. The loss of companionship, emotional support, love and sexual relations are real injuries. There may not be deterioration in the marital relationship, but it will certainly alter it in a tragic way. Even in the case of a husband, the “sentimental” images may dominate over the loss of support or material element. Thus, these damages are certainly not “parasitic” and to so describe them is inaccurate and cruel.

Historically, damages for loss of consortium were not viewed with favor. Today, virtually all jurisdictions universally recognize loss of consortium claims.

Counsel should always include such a claim, where appropriate.

If you or someone you know has suffered a spinal cord injury or serious injury to the spine, you need the assistance of the Scarlett Law Group. Call (415) 352-6264 today to speak with a California Personal Injury Attorney.

Do I Have A Case?

If you’d like to speak with an attorney, fill out the form below or call us at (415) 352-6264 or (800) 262-7576 (Toll Free)

    To learn more about how we can protect your rights, please contact our San Francisco office.

    $1.2 BILLION

    Catastrophic Injury

    $49 MILLION

    Brain Injury

    $26 MILLION

    Medical Malpractice

    $18.6 MILLION

    Wrongful Death