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Wrongful Death Attorney Serving Orange County Los Angeles and the Inland Empire
What is a Loss of Consortium action? In California, there is a recognizable cause of action for loss of consortium for the spouse and/or registered domestic partner of an injured party or those who have lost their life in a wrongful death due to the negligence of another. Unfortunately, California does not yet recognize a loss of consortium claim for parent/child relationship or for those who are simply living together.
Loss of Consortium is an injury which results from the loss of that special, intimate relationship one has with their spouse or domestic partner. Your relationship with a spouse or domestic partner is a great source of love, emotional support and affection, shared experiences and companionship, advice, care in times of illness or stress, support in the upkeep of your property as well a physical connection which can often lead to children or a family.
If you have lost your spouse or domestic partner in a fatal accident, or they have suffered injuries due to the negligence of another which impact the love, support and connection you share with them you have a valid loss of consortium claim under the laws of the State of California.
My name is Rivers Morrell and after more than 40 years of experience as a personal injury and wrongful death attorney here in Southern California I have handled many wrongful death and loss of consortium actions. I genuinely understand the challenges you are facing and I want to help.
I invite you to review the strong recommendations of our clients and the legal industry and contact us or call 949-305-1400 to speak with me personally for a free consultation. There is no cost to you out of pocket as we work on a contingency fee basis.
or Call for a Free Consultation Today
(949) 305-1400
A Recent Case Where Serious Injuries to the Husband Resulted in a Successful Loss of Consortium Claim for His Wife
Recently, a case came up where a man was badly injured due to an accident. Unfortunately, his injuries permanently affected his ability to carry out activities of daily living. It was clear to me that his injuries had taken a toll on his wife. Even though his wife was not involved directly in the accident, I advised her that she may want to consider and bring a claim for loss of consortium.
In California, the loss of consortium is defined a claim for the loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support and/or the loss of the enjoyment of sexual relations between the injured parties. (CACI section 3920). In essence, when a party is badly injured due to an accident, their spouse will be able to have a claim for the loss of activities they were formerly able to do. Typically, this does not come into context for motor vehicle accidents with minor injuries. However, for severe accidents with traumatic and debilitating injuries, there is definitively value in these types of claims.
I invite you to review the strong recommendations of our clients and the legal industry and contact us or call 949-305-1400 to speak with me personally for a free consultation. There is no cost to you out of pocket as we work on a contingency fee basis.
or Call for a Free Consultation Today
(949) 305-1400
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Additional Serious Injury and Wrongful Death Information:
There is a lot of information on this site about serious injury and wrongful death related personal injury cases. The most common questions we receive are:
Nothing can replace the loss of a loved one. No amount of money can take their place. A wrongful death occurs when a person loses their life in an accident due to the negligence of another. Here in California, a wrongful death lawsuit is brought on behalf of spouses, domestic partners, children and those who were financially dependent upon the person who lost their life.
Wrongful death actions often arise out of accidents involving a DUI driver or an accident caused by a distracted driver and cell phone use.
The spouse or domestic partner of a person who loses their life or is seriously injured should also consider a Loss of Consortium claim.
Unfortunately, California places a time limit (Statute of Limitations) on your ability to file a valid claim.
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