Visitor Question

What’s fair compensation for loss of consortium?

Submitted By: A (Los Angeles, CA)

I was in an auto accident that destroyed my car, and left me bruised and traumatized. The doctor recommended counseling. My wife and I are 73. This incident and trauma has cancelled out all sex life. But the biggest issue is grumpiness for 6 months, but I’m getting over it. I’ve lost my confidence to drive.

My medical expenses so far total around $40,000. My main question is, what is fair compensation for loss of consortium in Los Angeles? Is there anything else I can claim for the trauma and counseling I needed? Thank you.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear A,

In California, as well as the other 49 states, there is not a rule, regulation, or law which dictates the amount of compensation a spouse is entitled for loss of consortium. Instead, loss of consortium is factored into the amount of compensation paid for pain and suffering, also referred to as emotional distress or mental anguish.

To calculate compensation for pain and suffering, many attorneys use the multiple method. Depending upon the type of injuries you sustained the multiplier can be anywhere from 1x – 3x, 4x, 5x, and even higher. Attorneys also look at jury awards for similar cases in the city and county.

For soft tissue injuries the multiplier is usually 1x – 3x. These injuries often include sprains and strains to muscles, ligaments and tendons, minor burns, abrasions, and contusions, whiplash, and similar injuries.

For more serious “hard injuries,” the multiplier is usually 4x, 5x, and higher. Hard injuries can include head trauma, 2nd and 3rd degree burns, fractures, internal injuries, and similar injuries. In a serious injury case, you must seek the counsel of an experienced injury attorney.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: August 11, 2014

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