Sometimes people ask me about filing a loss of consortium claim. Well, that is not how they put it, but that is what it is called. They ask about a claim for the spouse of the injured person. And they want to know if they can make a claim and what is involved.
We can start easy. Can you make a claim? Yes, but only if you are married. If you are dating, engaged or “seeing each other,” then you do not have a loss of consortium claim in California. California limits loss of consortium claims to a married couple.
Now, what is involved? That is more complex. In California, loss of consortium is the loss of spousal services. So, if your spouse cooks, cleans and does the laundry, you can recover for that. If your spouse cuts the grass, trims the bushes and fixes the car, you can recover for that. In general, you can recover for the loss of whatever your spouse normally did but cannot do as a result of the collision.
Talk to your attorney about a loss of consortium claim. These are tricky claims and require an experienced attorney to review and value.