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Loss of Consortium is an action for damage type that arises out of an underlying negligence action. It is a common law cause of action where a spouse of an injured person can bring their own claim for damages as a result of an injury suffered by his/her spouse caused by a defendant's tort.
A valid and lawful marriage (or registered domestic partnership) existed between you and the injured party when the cause of action accrued; Your spouse (or registered domestic partner) sustained a tortious injury;
You can recover noneconomic damages for a loss of consortium claim in California. Noneconomic damages are compensation for intangible losses. Intangible losses include things like the estimated monetary value of your spouse's former ability to engage in activities with you.
While the cause of action is triggered by the spouse's injury, 'a loss of consortium claim is separate and distinct2026 (Rosencrans v.The California Supreme Court first recognized a cause of action for loss of consortium in Rodriguez v. Bethlehem Steel Corp.
What is Loss of Consortium? As part of a personal injury lawsuit, a loss of consortium action is usually a standalone claim brought by the spouse or family member of a person who has been injured or killed as a result of the defendant's negligent or intentional action.