In California personal injury cases, loss of society refers to a claim for damages made by the family members of an injured person, often in cases where the injury is fatal or results in severe long-term harm. Loss of society compensates for the emotional and psychological toll on the family due to the loss of the injured person’s companionship, society, and association.
Key Points of Loss of Society in California:
- Applicability:
- Loss of society is typically part of a wrongful death claim. It is especially relevant when the injured person dies due to the defendant’s actions (e.g., in a car accident or from medical malpractice).
- The claim may also apply in cases where the injury is so severe that the person is permanently impaired and cannot participate in family life in the same way (e.g., a severely disabled spouse or parent).
- Who Can Make the Claim:
- In wrongful death cases, the spouse, children, and in some instances, parents of the deceased person are eligible to seek compensation for loss of society.
- For severely injured individuals who are not deceased, the claim might still be applicable if the injury has substantially impaired the person’s ability to interact with family members in meaningful ways.
- Types of Loss Covered:
- Companionship: The enjoyment of shared activities, affection, and the general bond within a family. When an injured person is unable to interact in this way, the family may claim loss of society.
- Emotional Support: The emotional comfort and support that a family member provides and receives. When the injured person can no longer offer this support, it can lead to a claim for loss of society.
- Day-to-Day Interaction: In the case of a severe injury or death, the day-to-day companionship that the injured person provided to family members is considered part of the loss of society.
- How the Loss of Society is Proven:
- Similar to other non-economic damages, proving loss of society is subjective and depends heavily on testimony from the family members, friends, and other witnesses who can speak to the nature of the relationship and how it has been impacted by the injury.
- Medical professionals or expert witnesses might testify about the severity of the injury and its long-term effects on the victim’s ability to engage in family life.
- Damages Awarded:
- The amount awarded for loss of society will depend on the severity of the injury or death, the relationship between the family members and the injured person, and the extent of the impact on the family’s emotional well-being.
- In wrongful death cases, it is often considered a non-economic damage designed to compensate for the emotional pain and suffering of losing a loved one, especially in situations where the deceased person was a significant source of emotional support, companionship, or family interaction.
- Legal Framework:
- California Civil Jury Instructions (CACI) provide guidelines for juries to assess loss of society damages, particularly in wrongful death cases. The jury is asked to consider how the death or injury has affected the survivors’ ability to experience companionship, affection, and society.
Conclusion:
Loss of society in California personal injury cases is a type of non-economic damage that compensates family members for the loss of emotional support, companionship, and familial association due to an injury or death. It is often a component of wrongful death claims and can also apply when a severe injury significantly reduces a person’s ability to engage in family life. The damages awarded are subjective and depend on the specific circumstances of the injury or death, the relationship of the survivors, and the impact on their emotional well-being