Hann Law Firm: San Jose's Professional Personal Injury Lawyers

As a personal injury lawyer for car accidents and other situations, Hann Law Firm navigates complex cases in San Jose, California. Serious injuries have emotional and practical effects, including how a spouse experiences changes to the marital relationship and their well-being.

Hann Law Firm explains that California recognizes these impacts through a loss of consortium claim.

Pursuing Loss of Consortium Claims in Personal Injury Cases

What does a loss of consortium claim address? Primarily, this legal angle acknowledges the impacts on the noninjured spouse.

California recognizes marriage as a legal partnership. If one spouse suffers catastrophic injuries, the other spouse may lose relationship-based aspects like companionship, emotional support, and help with household responsibilities. The husband, wife, or registered domestic partner may file this type of claim alongside the injured person's lawsuit.

San Jose Legal Requirements for Filing These Claims

Loss of consortium claims acknowledge spousal rights, providing a legal pathway for the noninjured spouse to pursue legal compensation for relationship changes that occurred through no fault of their own. They function as derivative claims, not independent lawsuits. A valid personal injury or wrongful death claim must exist to attach a consortium, and the affected spouse will need to prove:

• A legally recognized marriage or domestic partnership existed.

• The defendant's negligent or intentional conduct directly caused the injury.

• The injury produced a measurable impact on the relationship.

• The consortium loss was proximately due to the defendant's act.

Spouses present items like photos and videos showing life before and after, financial records demonstrating household impacts, testimony from friends, and medical records.

Personal Injury vs. Wrongful Death Consortium Claims

Legal advisors like those at Hann Law Firm can help California families understand which types of injuries and circumstances qualify for these consortium claims. The attorneys can evaluate the specific impact on the marital relationship and make important distinctions, such as those between consortium claims in personal injury and wrongful death cases. A consortium claim focuses on how the injury affects the marriage going forward, whereas a wrongful death case addresses losses beginning at the moment of the spouse’s death.

Both claims address non-economic losses. Juries determine appropriate recompense based on evidence presented.

What To Pursue in a Loss of Consortium Claim

California law allows juries to compensate several types of relationship losses. Some examples include:

• Loss of love

• Companionship

• Comfort

• Care

• Assistance

• Protection

• Affection

• Society

• Moral support

• Loss of enjoyment of sexual relations

• Loss of the injured spouse's ability to help with household duties

It’s unlikely that an insurance company will voluntarily address consortium losses. Failing to file means leaving significant damages unclaimed, so sound legal advice is important.

Filing a loss of consortium claim on time ensures the courts can consider the full scope of an accident's impact on the entire family. Attorneys help gather evidence, present compelling testimony, and demonstrate the connection between the defendant's negligence and the marital relationship's deterioration.

About Hann Law Firm

A loss of consortium claim allows California spouses to address relationship losses caused by their partner's serious injuries. Hann Law Firm pursues these claims alongside other types of personal injury claims for accident victims and their families throughout the San Jose area. Contact the firm at (408) 755-9793 to learn more.

Contact Information:

Hann Law Firm

84 W. Santa Clara St. Suite 790
San Jose, CA 95113
United States

James Hann
(408) 755-3498
https://hannlawfirm.com/