The spouse of an injured or deceased rider can file a claim against the driver whose negligent or intentional actions caused the accident. The legal privilege is in the form the loss of consortium law in California. The law aims to compensate the spouse for the distress caused due to the injuries or death of the partner due to the wrongful act or negligence of the defendant.
Here we will explain the loss of consortium in California in the context of motorcycle accidents.
Motorcycle Accidents and the Loss of Consortium Law
- The loss of consortium is a torts law. In the context of motorcycle accidents, the law relates to a compensation claim made by the spouse whose partner has been injured or killed in the accident caused by another.
The loss of consortium is awarded for compensable damages only when the injuries are serious, which is the case with motorcycle accidents. The compensable damages include the loss of the following benefits of a family relationship for the spouse of the injured or deceased driver. - comfort
- companionship
- love & affection
- protection
- moral support
- social interaction
- enjoyment of sexual relations
A lot of different factors are examined in calculating the amount of compensation. An important factor is the income of the seriously injured or deceased person. This is because it’s the single most important factor that results in reduced standard of living.
In addition, the compensation amount you receive will depend to a large extent on how your case is represented in the court. That’s the reason you should hire an experienced Orange County motorcycle accident lawyer to increase the chances of collecting the maximum possible compensation amount.
Lastly, you should know that the amount of the loss of consortium can be affected if you have filed a wrongful death case in addition to a loss of consortium case. In such a situation, the amount awarded in one case will affect the amount awarded in the other case.
What Might Endanger a Loss of Consortium Claim?
Keep in mind that there are certain situations in which you may not be able to claim a loss of consortium. Some of the reasons include the following:
- If separated prior to the accident
- Any court filing for protection against your spouse
- If there were talks of divorce before the accident
- Criminal charges of abuse in the marriage
- In case any of the partners have sought help of a counselor or religious advisor that shows a shaky relationship
In short, your relationship with the partner must be strong, otherwise your loss of consortium claim may be compromised. Also, you need to hire an experienced motorcycle accident attorney to prove to the court the damages suffered due to deprivation of the companionship of the injured or deceased partner.
Remember that one downside of bringing a loss of consortium case is a loss of privacy. Your marriage and sexual history will be the subject of inquiry in the case. So, you should consider the loss of privacy of you and your partner when adding a loss of consortium claim to the motorcycle accident compensation claim.
If you or a family member needs advice regarding a potential motorcycle accident claim in Santa Ana or the surrounding areas in Orange County, you can contact Shield Litigation, LLP by calling (714) 728-338 or filling out a confidential contact form.
