March 24th, 2025
Losing a loved one in a wrongful death incident is a devastating experience. The emotional toll goes beyond the immediate grief, affecting the surviving family members’ relationships, emotional well-being, and overall quality of life.
One crucial but often overlooked aspect of wrongful death claims is loss of consortium. This form of compensation accounts for the loss of companionship, affection, emotional support, assistance, and intimacy that a surviving family member endures.
At Berg Injury Lawyers, we know how difficult these claims can be, especially when you’re already dealing with immense grief. Our California wrongful death lawyers can explain your right to seek loss of consortium damages and pursue a settlement that reflects the depth of your loss and its impact on your life.
What Is Loss of Consortium?
Loss of consortium refers to the non-economic damages suffered by a surviving spouse, registered domestic partner, or close family member after the wrongful death of a loved one.
Unlike economic damages, such as medical expenses and lost wages, loss of consortium focuses on the emotional and relational impact of the loss. It acknowledges the irreplaceable role that the deceased played in their loved ones’ lives and provides compensation for that absence.
Loss of consortium damages typically cover:
| Type of Loss | Description | Examples |
| Loss of Companionship | The absence of a loved one’s presence, love, and emotional support. | Missing shared moments like conversations, celebrations, and daily routines. |
| Loss of Affection | The emotional bond and connection that existed between family members. | Lack of comfort, encouragement, and emotional reassurance from a loved one. |
| Loss of Support | The guidance, care, and assistance the deceased provided in daily life. | Struggling with household responsibilities, childcare, or financial decisions. |
| Loss of Intimacy | The loss of physical closeness and sexual relations. | Loss of marital closeness, including emotional intimacy and physical connection. |
Who Can Claim Loss of Consortium?
Not all family members are eligible to seek loss of consortium damages. In California, only spouses and registered domestic partners can claim this compensation.
While children and parents cannot file for loss of consortium, they may still pursue compensation for the emotional and financial impact of a wrongful death. Under California law, eligible family members can seek compensation for the following:
- Lost financial support
- Expected benefits
- Funeral costs
- Non-economic losses like love, guidance, and companionship
If you have questions about potential compensation, a skilled wrongful death attorney can review your case. They can determine if you qualify for loss of consortium damages and help you pursue the full financial award you deserve.
Proving Loss of Consortium in a Wrongful Death Claim
Loss of consortium is a non-economic damage, meaning it isn’t tied to measurable expenses like medical bills or funeral costs. Instead, it compensates for the emotional and relational impact of losing a loved one.
To prove this loss, the surviving spouse or registered domestic partner must demonstrate how their life has been affected, using evidence such as:
- Testimonies from family members, friends, or therapists regarding the emotional impact of the loss.
- Personal letters, photographs, or records that highlight the deep bond shared with the deceased.
- Documentation showing the loss of household support, companionship, and guidance.
Because loss of consortium is challenging to quantify, working with a knowledgeable wrongful death attorney is essential to ensuring these damages are properly represented in a claim.
Why You Should Include Loss of Consortium in Your Wrongful Death Claim
Many families focus on economic losses, such as lost income and medical bills, without realizing that the emotional void left by their loved one is also compensable under the law.
A California wrongful death lawyer can help ensure that the full extent of the emotional and relational damages is recognized by doing the following:
- Identifying the full range of damages available, including loss of consortium.
- Gathering the necessary evidence to support the claim.
- Negotiating with insurance companies and opposing parties to seek fair compensation.
- Providing qualified legal support to help surviving family members receive the justice they deserve.
Seek Legal Guidance for Your Wrongful Death Claim
If you have lost a loved one due to someone else’s negligence, understanding your rights and exploring all avenues for compensation is crucial. For spouses and registered domestic partners grieving the loss of their loved one, loss of consortium damages recognize the emotional void left behind and provide financial relief to help ease the transition to life without them.
At Berg Injury Lawyers, we have extensive experience handling wrongful death claims in California. Our team is committed to helping you pursue the full settlement you deserve after your loved one’s passing.
Contact us today for a free consultation. Let us help you secure the financial support you need to move forward while honoring your loved one’s memory.
