If your spouse was injured in an accident, you may be able to file a claim for loss of consortium, per New Jersey’s personal injury law. Understanding your legal rights and options after your partner is harmed is crucial in protecting both of your interests. To learn more, read on and speak with a skilled New Jersey personal injury lawyer today.
What is Loss of Consortium in Personal Injury Law?
In personal injury law, loss of consortium is a claim that an injury victim’s spouse can make for certain losses they experience as a result of their partner’s accident and injuries. When an individual sustains injuries, especially serious or long-lasting damage, their relationships and the quality of their personal life often suffer as a result. Their spouse may be deprived of the benefits of the relationship that they previously had access to.
Loss of consortium can include a wide range of damages like the loss of love, companionship, affection, comfort, sexual relations, emotional support, household services, financial support, and more. Depending on the type and severity of the injury, the victim may no longer be able to share in activities and hobbies with their spouse, participate in intimate acts, provide comfort, help with cooking, cleaning, and childcare, travel, socialize, and more.
Who Can File a Claim?
These types of losses can put a strain on the marriage or family dynamic. The relationship between spouses could splinter, and the unharmed spouse will likely have to step up in all areas to ensure that the household and family remain functioning. These damages are the reason that loss of consortium is recognized under personal injury law.
While some states allow children or other close family members to file claims for loss of consortium, New Jersey law only allows the victim’s spouse to initiate the legal proceedings. Only legally married spouses have the right to file a claim for loss of consortium after a spouse’s injury. Unmarried partners or cohabitants are not generally offered this right.
How Can I Prove Loss of Consortium?
If your spouse was injured and you have suffered a loss of consortium, it is imperative that you understand your legal options and responsibilities. Proving a loss of consortium can be difficult since it is a non-economic damage and the value is subjective.
As the filing spouse, you must be able to demonstrate that a significant part of your relationship and home life has been significantly affected by your spouse’s injury. When determining whether you have a valid claim, courts will generally consider a variety of factors, including the following.
- Whether there is a valid and legal relationship between you and your partner
- The quality and stability of the relationship before the injury occurred
- The extent to which the injury has or will impact companionship, affection, financial and emotional support, sexual relations, and more
- The age and health of both you and your partner
To learn more about how to prove a loss of consortium in your case, reach out to an experienced personal injury attorney today.
