What is a “loss of consortium” claim?

A “loss of consortium” claim is a type of legal claim that a family member of someone who has suffered a brain injury can make. In California, it allows the family members to seek compensation for the loss of their loved one’s companionship, comfort, and other benefits from the relationship. These claims are made by a spouse or a child who has suffered a decrease in the quality of their relationship with their loved one due to the injury. They may be able to seek compensation for the emotional pain and suffering caused by the loss of these benefits. Additionally, they may be able to seek compensation for the loss of support from their loved one, such as financial assistance with medical bills, childcare, or other expenses. In order to make a “loss of consortium” claim, the family member must provide evidence that their relationship with their loved one was diminished due to the brain injury sustained. This could include witness testimony, medical records, and other relevant documents. It will also be important for the family to demonstrate the value of the relationship before the injury, as well as the impact of the brain injury on the quality of the relationship. Ultimately, a “loss of consortium” claim can be an important way for families to seek justice and compensation for the loss of their loved one’s companionship, comfort, and other benefits due to a brain injury. These claims are complex and require the help of an experienced brain injury lawyer to evaluate and pursue.

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