The Legal Rights of the Non-Injured Spouse in an Accident

Motor vehicle accidents cause mass chaos - the entire family suffers when a loved one is hurt because of the negligent actions of another driver. There are laws in place to ensure affected family members do not have to suffer in silence.

If you have a loved one injured in an accident, you may have a right to compensation in the form of loss of consortium. Learn what this claim is and how it can help your family.

The family dynamic is set up in a way where every member of the family serves an important role. When an individual is injured in an accident, they may be left unable to fulfill their obligation to the family.

Loss of consortium is an umbrella term used describe the losses suffered by the family. Since this is an umbrella term, loss of consortium may be applied in several different situations; here are some of the scenarios.

When there is temporary or permanent damage to a partner's sexual or reproductive functions that prevent the victim from engaging intimately with their partner or their ability to reproduce.

The presence of a temporary or permanent lapse of a spouse's ability to function within the household as they did before the accident, such as picking up children from school or performing household chores.

Any lapse in an accident victim's ability to financially contribute to the household at the same level they did prior to their injuries. When claiming a financial loss, a claim can only be made for existing income of the victim, not any potential income, such as income from a promotion the victim was scheduled to get.

In California, only spouses and registered domestic partners can file for damages. Although several states allow children to also file for losses, California is not one of these states. In addition to your relationship to the accident victim, your access to compensation is based on how quickly you file your claim.

For cases of personal injury, you must file the claim within two years of the date of the accident. The claim does not have to be settled within this period, but must be filed before this deadline. You must also have evidence to prove the loss you are claiming.

For example, for a loss of consortium based on financial damages, you'd need to provide documents like bank statements, bill payment receipts, and income stubs to specify the financial contributions of your injured spouse.

Among family members filing loss of consortium claims questions often exist about the value of their claim, but there is no simple answer. Consortium claims are valued based on several factors, including the severity of the injuries and the period for which these losses occur.

For example, the spouse of an accident victim that sustains infertility-causing injuries may have a higher value claim given the fact that this diagnoses will have a severe and permanent effect on the family dynamic.

In many instances, the graver and lasting the effects on the family member, the higher the value of the claim. It is important to note that a loss of consortium claim is highly discretionary, as judges and jurors have considerable influence when it comes to assessing value.

If a family member has been hurt in an accident, it is important that the entire family gain access to any compensation they are due. Partnering with an attorney can help you gain this access, and at Richard D. Hoffman Law Offices, we are equipped to help you along this journey.