What Damages May a Victim Seek for an Injury?

Posted on December 22, 2009 by Kristine Meredith

When a jury finds that a wrongdoer is responsible for the victim's injury, then the Judge will ask the jury to decide how much money will compensate the victim for his injuries.  The law refers to the compensation award as “damages” and has divided them into two categories: economic and non-economic.

Economic injuries/damages include:

·        Past medical expenses -- the reasonable cost of reasonably necessary medical care related to the victim’s injury.

·        Future medical expenses -- the reasonable cost of reasonably necessary medical care for the victim’s medical care in the future

·        Loss of earning capacity – Past and future  loss of  – the reasonable value of the victim’s loss of the ability to earn money as a result of the injury

Non-Economic injuries/damages include:

·        Pain and suffering

·        Loss of consortium -- loss of a spouse's companionship and services, including:

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Who is Entitled to Compensation for Injury to a Family Member?

Posted on December 22, 2009 by Kristine Meredith

The spouse of a victim who has been physically injured may be entitled to compensation from whoever caused the injury. The spouse may be compensated for the following  losses of family relationship also known as "loss of consortium":

  • love, 
  • companionship,
  • comfort, 
  • care,
  • assistance,
  • protection,
  • affection,
  • society,
  • moral support,
  • enjoyment of sexual relations
  • or the ability to have children. 

The wrongdoer who caused the injury need not compensate the victim's spouse for any of the following:

  • The loss of financial support from the victim,
  • Personal services, such as nursing, that the spouse has provided or will provide to the victim, or
  • Any loss of earnings that the spouse has suffered by giving up employment to take care of the victim.

In California the following individuals may not recover for  the family relationship or "societal" losses due to  their loved one's injury.

  • A parent may not recover relationship losses for injury to his or her child,
  • Unmarried cohabitants may not recover damages for societal loss.

In the unfortunate situation where a married couple separates after the accident, the spouse of the victim may seek limited compensation (ie. the loss of assistance in parenting). 

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