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Damages for Loss of Consortium: What Are They and Are You Eligible for Them?

Most personal injury cases involve just one person. Whether it’s a slip and fall accident or a motorcycle accident, the person injured may file a personal injury case to recover their damages – both economic and non-economic. The question though is this: What happens when the spouse of the person who was injured has their own damages caused by the injury of their spouse? Read on to learn about this possibility and then reach out to Law Offices of Fernando D. Vargas at 909-982-0707 for your free case evaluation.

Loss of consortium damages may be available to spouse

The spouse of the person who was injured may have their own personal injury claim for their own damages that came from the injuries or damages of their injured spouse. If the person who was injured is able to prove their case, then the non-injured spouse may be entitled to non-economic damages.

They include loss of love, care, protection, moral support, comfort, assistance, affection, society, and enjoyment of sexual relations. Again, these aren’t economic damages and they don’t include their spouses lost income or the costs required to hire people to handle household services that their spouse used to do. Loss of consortium covers only the non-economic damages.

Insurance maximums can affect loss of consortium damages

It’s often true – especially in car accidents – that the insurance company has both a single monetary limit and an aggregate monetary limit. For example, in California the minimum is $15,000 per person with a cap of $30,000 per event. If the minimum is held, then $15,000 could go to the injured spouse.

Unfortunately, these damages are contained with the first policy limits. Essentially, though it’s calculated differently, it’s considered a part of the injured spouse’s compensation. As a result, loss of consortium will be included under the per-person limit and will not open up the aggregate amount.

There are some exceptions to these limits

It’s important to note that there are some exceptions to these limits. For example, if the injury was due to medical negligence then the injured party has a maximum non-economic damage award of $250,000. Each spouse is entitled to their separate $250,000 limit. Why? Because, unlike in most personal injury cases, the claims are against the injury itself – not from the act.

Find out what your options are for a loss of consortium case

If your spouse has been injured and it’s taken a toll on your relationship then you may be eligible for financial compensation. It won’t fix everything but it will provide the funds to move forward with counseling or other self-help options that can get you back on track.

If you think you may have a case, contact Law Offices of Fernando D. Vargas at 909-982-0707 right away. We are here to offer a free case evaluation. If we take your case, it will be taken on a contingency basis. This means that you owe us nothing upfront – our attorney’s fees come from the award itself. Call now to learn more about your options.