Loss of Consortium: A person who is seriously injured can suffer physical and emotional harm. In addition, their way of life may be irreparably altered—including their marriage. When a personal injury diminishes an individual’s relationship with their spouse, companionship can be lost. If your husband or wife has been injured, you may have a claim concerning the changes to your relationship or for loss of consortium. Therefore, if your spouse has been harmed in an accident, you may need to know more about this type of personal injury claim. What is loss of companionship or consortium?
What is Loss of Companionship or Consortium?
When a person is seriously injured, it may interfere with their ability to be physically or emotionally intimate with their marriage partner. The individual may also not be able to provide the same level of companionship, comfort, service, love, and affection to their husband or wife as they did before they were hurt. This type of loss is known as the loss of consortium. Under New York law, when a person is severely injured due to negligence, their spouse may be able to recover “loss of consortium” damages from the responsible party.
Loss of Consortium Damages
Personal injury damages such as lost wages or medical expenses are generally quantified using payroll records and hospital and doctor bills. By contrast, loss of consortium can be more difficult to calculate after a person is injured. These losses are usually established through wage earnings and the accident victim and their spouse’s accounts of their relationship.
Loss of consortium refers to a group of losses suffered by a spouse, including loss of support, household service, and damage to the couple’s intimacy and interpersonal relationship.
Loss of Support
When evaluating loss of support, the court will examine the injured party’s income and how much they contributed to the household. This calculation is in addition to the injured person’s lost wages.
When a spouse is injured, their injuries can impact their ability to assist with household tasks or services. This may include not being able to assist with tasks such as housework and chores, transporting children and pets, and yard work. As a result, their spouse may have to take on these responsibilities or pay another party to complete them. Under these circumstances, the injured spouse may be able to recover compensation for the loss of their spouse’s household services.
Intimacy and Relationship
Loss of intimacy or the marital relationship can involve sexual relations, companionship, love, and affection. When a couple cannot enjoy these aspects of their relationship because of a spouse’s personal injury, there may be evidence to support a claim for loss of consortium.
Is there a Limit on Loss of Consortium Damages?
In New York, there is no limit on loss of consortium damages. Therefore, these non-economic damages can be any amount. However, the amount a jury may award will depend on the facts and evidence presented at trial.
Statute of Limitations
The statute of limitations or the time period for filing a loss of consortium claim is generally three years. However, depending on the facts, there may be an exception to this deadline. Therefore, if you or your spouse have been injured due to negligence, you should contact an experienced personal injury attorney as soon as possible to review your claim.
Contact an Experienced Personal Injury Attorney
If you or your spouse have been harmed in a personal injury accident, you should schedule a free consultation with an experienced personal injury attorney to discuss loss of consortium and other possible damages. The dedicated lawyers at Bonina & Bonina, P.C. know how to fight for the damages you need and deserve. Our attorneys have experience litigating and mediating personal injury cases and are here to help!
Call us at 1888-MEDLAW1 or contact us online for a free consultation. We have experience helping clients with personal injury cases, and we can explain your options and help you decide what actions you should take. At Bonina & Bonina, P.C., we come to work daily believing there should be equal justice for all. Se Habla Espaňol. Home and hospital visits are available.