Legal Question in Personal Injury in California

Loss of consortum

I was injured by another person & I needed my hip replaced & eye surgery. Needless to say my wife & I haven't been able to engage in sex. How do i prove loss of consortum? please excuse my spelling.


Asked on 9/12/08, 12:45 am

5 Answers from Attorneys

Sam Eagle LAW OFFICES OF SAM M. EAGLE

Re: Loss of consortum

You prove it by your testimony either thru a statement or a deposition or at a trial. Both you and your wife tell everybody about your wonderful sex life and what you've missed since the accident.

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Answered on 10/28/08, 5:10 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: Loss of consortum

I have no idea where in your case you are. if you are looking for an attorney you may contact my office.

Regards,

Daniel Bakondi

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No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this attorney, or any communication from this attorney, and nothing constitutes legal advice nor legal opinion. Your issue may be time sensitive and may result in loss of rights if you do not obtain an attorney immediately.

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Answered on 10/27/08, 5:21 pm
Joe Marman Law Office of Joseph Marman

Re: Loss of consortum

You need to establish exactly what benefits you enjoyed from your wife prior to this accident, and what detriments that you have now experience. Actually, since you are the injured one, it is your wife that makes the loss of consortium claim.

You can email me at [email protected] if you want to discus it further.

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Answered on 10/27/08, 5:25 pm

Re: Loss of consortum

Hi there.

The loss of relations with your wife will be an element of your claim for pain and suffering arising out of the incident. The "loss of consortium" claim actually belongs to your wife. This is important because your wife will need to file a separate claim and you will both need to file prior to the statute of limitations, which is normally two years from the date of injury.

Regardless of whether it is evaluated as part of your claim or your wife's, the necessary proof will involve an evaluation of the past relationship between you and your wife and comparing that post-incident. More often than not this comes out in deposition or trial testimony from both you and your wife.

Also, from your description of your own injuries, I would say your case has a very high dolar value. I highly encourage you to get a good personal injury attorney to assist in order to maximize your recovery.

I am a personal injury attorney here in the East Bay and I would be happy to give you a free consultation. Please feel free to call at 9 2 5 - 2 8 0 - 8 9 0 0 or email me at [email protected].

Best,

Jay Renneisen

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Answered on 10/27/08, 6:12 pm
Arkady Itkin Law Office of Arkady Itkin

Re: Loss of consortum

Like your injuries and other damages, proving loss of consortium is a combination of the circumstances of your marital relationship, testimony of your wife and other factors.

I am an injury lawyer in your area. If you would like to discuss this, feel free to contact me.

Thanks,

Arkady Itkin

California Injury Lawyer

Sacarmento/San Francisco/San Jose

www.arkadylaw.com

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Answered on 10/27/08, 7:36 pm


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