A personal injury can be traumatic to both the injured person and their entire family. In New York, if your spouse died or was injured in an accident you may be allowed to seek “loss of consortium” damages from the person or company responsible for your spouse’s injuries. The damages are typically available when a spouse was severely injured, disabled or lost their life. If you or your spouse was severely injured, contact us today for a confidential and free case evaluation.
The losses include:
- Loss of Services – Spouses often share the work of maintaining a home. A spouse’s injury may prevent them from contributing to the household work including maintenance, snow removal, home repairs, grocery shopping, cleaning, laundry, child care, etc. These represent a loss of services when the non-injured spouse has to take on the additional responsibility. Child injuries can also significantly impact a household. When a child is injured, the burden of care often falls on the parents, leading to a loss of spousal services. In such cases, consulting with a child injury lawyer can help ensure you receive compensation for the additional caregiving needs and other losses associated with your child’s injury.
- Loss of Support – If your spouse is badly injured and no longer able to work, they may no longer be able to support the family. These damages are known as a loss of support.
- Intimate Relations – this is the historical source of loss of consortium damages. An serious injury may cause a person to lose sexual function or desire. If the injured person is married, the non-injured spouse may be able to sue the responsible party for loss of intimate relations.
- Loss of Companionship – A serious injury may prevent a spouse from providing the same level of companionship offered prior to the injury. If one spouse is no longer able to do the same activities as before the accident, such as nightly walks or any leisure activities, the non-injured spouse has experienced a loss of companionship.
What damages can I receive for my Loss of Consortium?
Damages for this type of loss are left for the jury to decide. When considering your loss of consortium claim, the jury can consider:
- The injured spouse’s financial contributions to the marriage;
- Contributions the injured spouse made to the household prior to the accident;
- The expected recovery time for the injured spouse or life expectancy of a deceased spouse;
- Changes in the marital relationship after the accident.
Who can sue for loss of consortium?
Typically, a spouse who was married to the injured person at the time of the injury can claim a loss of consortium. The impact on the non-injured spouse is often overlooked. However, the non-injured spouse is typically the one who has to take on many extra roles that the injured spouse performed prior to the accident. In situations where the injury is due to a defective product, consulting a Buffalo defective product lawyer can provide the necessary legal support to address these challenges.
Keep in mind that Loss of Consortium is a “derivative” claim, which means that the spouse’s claim is dependent on the injured person’s personal injury claim.
Is there a time limit for a Loss of Consortium claim?
Yes, a lawsuit must be filed within a certain period after the incident causing the injury. This is called a statute of limitations. The statute of limitations for personal injury in New York is generally three years and for wrongful death is two years, however many exceptions exist. Contact us today to make sure your claim is filed in a timely manner.
Loss of Consortium Lawyers
If you or a loved one has been severely injured or killed due to the negligent actions of another person or company, Beyond physical injuries, neglect can cause a variety of other issues, including cases of malnutrition and dehydration in nursing homes. In such situations, you may have a claim for loss of consortium. Our experienced attorneys are available to fight on your behalf to get the compensation you deserve for your loss. Contact our law office today.
