What's fair compensation for loss of consortium?

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.

Visitor Question:
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ANSWER for "What's fair compensation for loss of consortium?":

A (Los Angeles, CA):

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 an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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