What is a “loss of companionship” claim?

A “loss of companionship” claim is a type of legal remedy a person in California may be able to bring if they suffer a brain injury. This claim seeks to recover compensation for the losses a family has suffered due to the injury. The claim compensates the family for losses in services, comfort, society, and love or affection. For instance, a family may have to spend money on medical expenses, lost wages, or need to pay for the services of another person to make up for the loss of someone’s ability to perform certain tasks. In addition to these types of losses, a “loss of companionship” claim may also compensate a family for the suffering and pain they experience when a loved one’s injury means that their quality of life or day-to-day activities have been negatively impacted. A person does not have to be married in order to bring a “loss of companionship” claim in California. This includes family members such as parents, children, and siblings. In order to be successful, the person will have to demonstrate that they suffered damages because of the brain injury. The legal team of a person seeking a “loss of companionship” claim will need to demonstrate that the injury caused an “actual and substantial” loss of companionship, love, comfort, and other elements. This is done through an assessment of the relationships before and after the injury occurred.

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What is a “loss of companionship” claim?

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