What Is A Loss Of Consortium Claim?
When you are a lawful spouse, you enjoy several benefits of being in a loving relationship with your partner. However, suppose one partner suffers physical bodily harm in an unintentional injury accident like a vehicular crash, for instance. In that case, the injuries they sustain can be so severe that it impacts the relationship the spouses have with each other. This loss of companionship and deprivation of affection that the other spouse suffers might be compensable in a personal injury claim.
If your spouse was injured in an accident and they file a personal injury claim, you may be able to bring about a loss of consortium claim for the damage to your relationship that your spouse’s harm resulted in. There are strict guidelines and rules for doing so, which is why it is best to speak to an attorney for assistance with taking legal action.
The South Jersey personal injury attorney at Monaco Law PC can help you better understand your rights and assist you with a loss of consortium claim to fairly compensate you for the pain you have had to experience.
What is Needed for a Loss of Consortium Claim?
Having your relationship with your partner changed due to their injuries where there is limited or a lack of intimacy and togetherness is a very real loss and one that will impact both your and your spouse’s quality of life. The law recognizes this, and as a result, it could be possible for a loss of consortium claim to be brought. Though, the loss of consortium damages must be included in the personal injury claim of the physically injured spouse.
Despite this, compensation for this damage may still be possible. It is considered a non-economic loss, and because of this, it can be a little tricky to assess and value. However, loss of consortium can be brought about when there are significant injuries or wrongful death, and an attorney will be able to better calculate what a fair amount would be for the extent of the losses suffered.
There are several ways that a relationship between spouses can be adversely impacted that would warrant a loss of consortium, including:
- The loss of companionship.
- The loss of love.
- The loss of affection and intimacy.
- The loss of emotional comfort.
- The loss of household services.
There are many different forms of evidence that can show that a spouse’s injuries or death impacted a relationship. Close friends and family can attest to the changes in the relationship and its quality. Medical reports and experts can confirm that injuries would alter a relationship. Spouse’s keeping a journal and documenting their daily struggles in their relationship can also help describe how an injury has affected their union.
Speak to a New Jersey Personal Injury Attorney Today
If your relationship with your partner was impacted by their injury accident or if you lost your partner in a wrongful death incident, a loss of consortium claim may be appropriate. For help with this and for more information, please call the South Jersey personal injury lawyer at Monaco Law PC at (609) 277-3166 for our New Jersey office and (215) 546-3166 for our office in Pennsylvania.
We are a New Jersey and Pennsylvania personal injury law firm serving Atlantic County, Burlington County, Cape May County, Camden County, Cumberland County, Gloucester County, Mercer County, Middlesex County, Ocean County, Salem County, and all of South Jersey.
Source:
acf.hhs.gov/ofa/programs/healthy-marriage-responsible-fatherhood/healthy-marriage
