What is Loss of Consortium?

If a loved one has been seriously injured in an accident in New Jersey and your relationship has suffered as a result, you may be entitled to compensation for loss of consortium. It’s important to understand your legal rights and the available options following an accident caused by another’s negligence. Please continue reading as we explore what you should know about these matters and consult with a Morris County Personal Injury Attorney for guidance during these difficult times. 

What is a Loss of Consortium Claim?

First and foremost, it’s important to understand that loss of consortium is a recognized cause of action in personal injury law, enabling family members, most commonly a spouse, to seek manages for the deprivation of certain benefits resulting form the injury of their loved on caused by another party’s negligence or intentional wrongdoing. Essentially, this claim acknowledges the profound impact an injury can have not only on the victim but also on their closest relationships. It covers the loss of love, affection, society, comfort, care, aid, moral support, and other intangible losses. You should note that for a parent or child claiming loss of consortium, the damages might involve the loss of guidance, training, and education.

Who is Eligible to File?

Loss of consortium is considered a non-economic damage, meaning it cannot be easily quantified with a dollar amount. This damage focuses on the subjective aspects of the marital relationship that are disrupted by an injury or death. It’s crucial to understand that this is not a claim for the injured or dead spouse’s pain and suffering, but instead for the impact on the other spouse’s ability to enjoy the benefits of the marital relationship.

Generally, in the Garden State, only a spouse or registered domestic partner can claim loss of consortium in a personal injury case. Other parties, like siblings, friends, and extended relatives, usually are not permitted to claim loss of consortium. However, depending on the unique circumstances, some jurisdictions allow spouses to file on behalf of their children as well for their loss.

How Do I Prove This Loss?

Establishing a loss of consortium claim in New Jersey requires demonstrating a valid marriage at the time of the injury, that the spouse suffered injuries due to another’s negligence or wrongdoing, and that the injury resulted in a legitimate loss of marital benefits. Evidence to support such a claim may include testimony from family members and friends, medical records detailing the injured party’s condition and limitations, and documentation illustrating the significant changes in the family’s daily life.

As you can see, navigating a loss of consortium claim in New Jersey can be complex. That’s why it’s imperative to consult with an experienced attorney from Lutz Injury Law who can help you gather the necessary evidence and effectively represent your interests. Connect with our firm today to learn how we can fight for you.