Legal Question in Personal Injury in California

Re: Loss of consortium

Loss of consortium is in the same lawsuit and your wife would join you as a party. Depending upon your injury anmd surgery, the proof would be medical as well as testimonial from your wife and you. I can answer more questions if you email me at: [email protected]

Barry J. Simon, ESQ.

Re: Loss of consortium

A claim for loss of consortium can and should be filed in the same lawsuit as the injured spouse's claim. It would thus be a separate cause of action from the injured spouse's cause of action, but in the same complaint filed with the court. The claim for loss of consortium is proved in much the same way as the injured spouse's pain and suffering is proved. It is proved by the nature of the injury, and by the testimony of the spouses and other witnesses to the changes in the couple's activities before and after the injury. Generally, a loss of consortium claim is only worthwhile where the injury was severe.

Re: Loss of consortium

Hello. Loss of consortium is part of your general damages. No separate lawsuit needs to be filed, as all damages arising out of the same injury should be filed in one action.

Medical documentation helps in proving loss of consortium, in addition to other ways of proving it.

I sincerely hope that you have an attorney who handles proving this kind of claim, as pro per claimants rarely taken seriously when making such arguments to the opposing party/counsel.

Thanks, and feel free to follow up.

Arkady Itkin

California Injury Lawyer

San Francisco/Sacramento/San Jose

http://sanfranciscoaccidentinjurylawyer.com