LOSS OF CONSORTIUM
Call the personal injury attorneys at The Law Offices of Matthew M. Vincent in Temecula today to discuss a possible loss of consortium action. Situations sometimes have collateral damages. Even if your spouse wasn't involved in the accident with you they still become effected by it's blow to the injured spouse.
Sometimes, an injury is so severe that the family unit, as it was prior to the accident, will never be the same. E.g., members of the household suffer their own “detriment” when an injury renders another member incapable of engaging in routine activities and contributing to the family's financial and moral support. In these cases, the injured party's spouse or registered domestic partner might have an independent cause of action for “loss of consortium”—i.e., loss of support, services, love, companionship, society, affection, sexual relations and solace.
Recovery limited to spouse or registered domestic partner for injury during marriage or partnership: The cause of action is recognized only for injury to a relationship arising out of a marriage or registered domestic partnership. Hence, suit lies only in favor of a spouse or registered domestic partner for injury to his or her spouse or partner during the marriage or partnership.
Although a loss of consortium action derives from injury to plaintiff's spouse or registered domestic partner, it is separate and distinct from the injured victim's damages action.
Even if the two claims are joined in a single lawsuit, the loss of consortium cause of action has its own independent existence both substantively and procedurally.
Furthermore, the injured victim need not bring claim: A loss of consortium action may be maintained even absent a claim by the injured victim so long as plaintiff pleads and proves an actionable tortious injury to his or her spouse (or registered domestic partner) and resulting loss of consortium.
Got questions? Call The Law Offices of Matthew M. Vincent in Temecula today to talk to an attorney regarding your loss of consortium action.