Gerald and Darlene Goens have filed separate Orange County, California personal injury claims against the city of Huntington Beach. Darlene was riding her bike last July when she fell off after her tire got stuck in a pavement crevice on a beachfront boardwalk.
She fractured her leg and was forced to undergo surgery. In her Huntington Beach bicycle accident claim, Darlene is alleging Orange County, California premises liability. She says that the area in front of the Beach Hut concession where she was cycling was paved with cement sections that had been joined together but that whatever was supposed to keep the different parts together had deteriorated. She is seeking Huntington Beach injury compensation for medical expenses, loss of earnings, pain and suffering, and loss of earning capacity.
Darlene's husband Gerald is also seeking Orange County, California injury damages for the emotional trauma he suffered from the accident. He also wants compensation for loss of consortium.
Loss of Consortium
The spouse of a person who got hurt because of another party's negligence may be able to obtain damages for loss of consortium. The husband or wife doesn't need to have been involved in the Orange County, California personal injury accident in order to sue for damages.
Although in theory "loss of consortium" refers to losses resulting from limited sexual activity between two people that are married, this type of claim can also refer to loss of companionship, affection, emotional support, love, comfort, society, love, and services.
When someone gets hurt, he/she may not be able to enjoy/live life in the same way as before the accident, which can have an effect on loved ones. Loss of consortium allows the spouse to seek damages for his/her own Huntington Beach personal injuries sustained as a result of his/her significant other's injuries.
The serious injury/death of one person can take a financial, emotional, and psychological toll on loved ones and there is no reason why you shouldn't be compensated for the harm that you also have suffered. In California, to file this type of civil case against a government entity, such as a city, you must first file an Orange County, Ca. injury claim first before you can go ahead and sue. This first step gives the government a chance to respond before taking the claim into litigation.
City and other local governments are responsible for maintaining public roads and walkways so that they are free from any hazards that could cause serious injury or death. Even when filing a claim against a government entity you should be represented by a Huntington Beach personal injury law firm that knows how fight for the maximum recovery possible.
Claims: H.B. responsible for bicyclist's boardwalk spill, OC Register, November 18, 2011
More Blog Posts:
Woman Files Laguna Beach Bicycle Accident Lawsuit Against the City, California Injury Lawyers, September 7, 2011
Newport Beach Bicycle Accident Lawsuit Seeks Damages from City Over Man's Orange County, California Wrongful Death, California Injury Lawyers, June 23, 2011
Woman Charged in Fatal Newport Beach Bicycle Accident Was Drunk and Texting, Say Authorities, California Injury Lawyers, April 16, 2011