Q.
My husband was in a car accident and lost the use of his lower body.
Not only can he not work, but the hospital says he will not be able to have sex in the future.
I am at a loss as to how I will raise my 3 and 8 year old children in the future.
Is there any way I can be compensated as a wife?
A.
If your spouse is injured and your relationship is negatively affected,
you may be able to claim compensation based on Loss of Consortium.
Legally, compensation for loss of spousal intimacy is a “non-economic damage” that a spouse can claim if his or her spouse suffers catastrophic injury or dies .
Non-economic compensation means that, separate from the lawsuit filed by the party who directly suffered injury or death,
the victim's spouse can also sue the other party responsible for causing the incident.
Typically, a claim for compensation for loss of spousal intimacy
is brought by the victim's spouse against the defendant on the grounds that the victim's spouse no longer feels the warmth or intimacy that they were able to experience with their spouse before the accident.
(The same claim can be made if the spouse has died.)
In your case, unfortunately, your spouse's injuries are so serious that you will have a hard time raising your children in the future .
It is hard to compensate for the great pain you and your family have suffered, but
I hope that the law that compensates for the loss of American friendship will provide some small help to your family.
Traditionally, to prove damages for loss of spousal intimacy, the evidence
relies on the fact that sexual relations between the injured victim and his or her spouse were reduced or made impossible as a result of the accident, but other factors that the uninjured spouse
was able to enjoy in the marriage prior to the accident are also considered in proving damages for loss of spousal intimacy
(i.e., the loss of a wider range of relationships, not just the physical relationship).
In addition to sexual intercourse between spouses, the following are things for which compensation can be claimed:
- Mental care and support
- Become a talking buddy
- Caring for household chores (e.g., caring for young children or helping with housework)
- Affection and love
- Stability
- Intercourse between couples
How is the amount of compensation calculated?
Since loss of spousal intimacy is a non-economic damage, there is no exact formula for calculating the amount based on the type of damage.
In addition, the value of a relationship with a spouse cannot be converted into money.
Therefore, in a case of loss of spousal intimacy, the amount of compensation awarded in the event of a victory is left to the discretion of the jury or judge.
How much compensation can I receive if I file a claim with the other party's insurance?
Each state has a minimum liability insurance limit that drivers must have.
In the case of California, drivers are required to have at least $15,000/$30,000/$5,000 in personal injury/accident/property damage insurance.
Generally, courts
use the personal injury insurance limit as a standard when seeking compensation for loss of spousal intimacy in a car accident.
For example, if the at-fault party's personal injury insurance limit is the minimum amount of $15,000, and the victim receives $10,000 in compensation, the victim's spouse will receive compensation for loss of intimacy up to the limit of $5,000.
In other words, instead of $15,000 being paid to each victim and his or her spouse, the spouse's compensation
for loss of intimacy is also paid within the victim's compensation of $15,000. (If the perpetrator's personal injury insurance limit is $100,000 and the victim's compensation is $70,000, the spouse's compensation for loss of intimacy is paid within $30,000.)
Can I file a claim for loss of spousal intimacy even if I am not married?
In California, a valid marriage between the spouses is a prerequisite to filing a claim for loss of spousal intimacy.
Please note that if you claim compensation for loss of friendship in a situation where the injury is not serious, it may cause resentment in the jury, which may actually have a negative impact on the overall outcome of the trial.
You should only seek compensation for loss of fellowship if your injuries are serious.
Q.
My husband was in a car accident and lost the use of his lower body.
Not only can he not work, but the hospital says he will not be able to have sex in the future.
I am at a loss as to how I will raise my 3 and 8 year old children in the future.
Is there any way I can be compensated as a wife?
A.
If your spouse is injured and your relationship is negatively affected,
you may be able to claim compensation based on Loss of Consortium.
Legally, compensation for loss of spousal intimacy is a “non-economic damage” that a spouse can claim if his or her spouse suffers catastrophic injury or dies .
Non-economic compensation means that, separate from the lawsuit filed by the party who directly suffered injury or death,
the victim's spouse can also sue the other party responsible for causing the incident.
Typically, a claim for compensation for loss of spousal intimacy
is brought by the victim's spouse against the defendant on the grounds that the victim's spouse no longer feels the warmth or intimacy that they were able to experience with their spouse before the accident.
(The same claim can be made if the spouse has died.)
In your case, unfortunately, your spouse's injuries are so serious that you will have a hard time raising your children in the future .
It is hard to compensate for the great pain you and your family have suffered, but
I hope that the law that compensates for the loss of American friendship will provide some small help to your family.
Traditionally, to prove damages for loss of spousal intimacy, the evidence
relies on the fact that sexual relations between the injured victim and his or her spouse were reduced or made impossible as a result of the accident, but other factors that the uninjured spouse
was able to enjoy in the marriage prior to the accident are also considered in proving damages for loss of spousal intimacy
(i.e., the loss of a wider range of relationships, not just the physical relationship).
In addition to sexual intercourse between spouses, the following are things for which compensation can be claimed:
How is the amount of compensation calculated?
Since loss of spousal intimacy is a non-economic damage, there is no exact formula for calculating the amount based on the type of damage.
In addition, the value of a relationship with a spouse cannot be converted into money.
Therefore, in a case of loss of spousal intimacy, the amount of compensation awarded in the event of a victory is left to the discretion of the jury or judge.
How much compensation can I receive if I file a claim with the other party's insurance?
Each state has a minimum liability insurance limit that drivers must have.
In the case of California, drivers are required to have at least $15,000/$30,000/$5,000 in personal injury/accident/property damage insurance.
Generally, courts
use the personal injury insurance limit as a standard when seeking compensation for loss of spousal intimacy in a car accident.
For example, if the at-fault party's personal injury insurance limit is the minimum amount of $15,000, and the victim receives $10,000 in compensation, the victim's spouse will receive compensation for loss of intimacy up to the limit of $5,000.
In other words, instead of $15,000 being paid to each victim and his or her spouse, the spouse's compensation
for loss of intimacy is also paid within the victim's compensation of $15,000. (If the perpetrator's personal injury insurance limit is $100,000 and the victim's compensation is $70,000, the spouse's compensation for loss of intimacy is paid within $30,000.)
Can I file a claim for loss of spousal intimacy even if I am not married?
In California, a valid marriage between the spouses is a prerequisite to filing a claim for loss of spousal intimacy.
Please note that if you claim compensation for loss of friendship in a situation where the injury is not serious, it may cause resentment in the jury, which may actually have a negative impact on the overall outcome of the trial.
You should only seek compensation for loss of fellowship if your injuries are serious.