Understanding New Jersey Loss of Consortium Claims

There are numerous types of compensation one must consider after sustaining a serious injury. Not every car accident is a fender bender, and some people will be hurt for months if not years to come. 

You may be familiar with more traditional forms of compensation like medical expenses as well as pain and suffering. However, you and your spouse or partner may also need to consider loss of consortium. If you need to learn more, feel free to schedule a no-fee consultation at Rosengard Law Group. For now, here are the basics to consider. 

What Is Loss of Consortium?

Loss of consortium is a legal term referring to the loss of benefits one receives in a relationship due to injuries caused by another party. This is a form of compensation typically filed by a victim’s spouse, partner, or relative. 

After a Serious Injury caused by a car accident, slip and fall, or construction accident, the injured party may not be able to get intimate with their partner for either an extended period of time or for the rest of their life, depending on the severity. For example, the injured party may be bedridden for months. In this case, it’d be good to file for medical expenses, lost wages, and loss of consortium because the person’s spouse may feel like they’re suffering, too. 

Loss of consortium recognizes that many people can suffer from one party’s negligence, even if they weren’t there at the scene of a crash. Valid loss of consortium claims can fetch high values, and courts often employ a variety of methods to determine how much compensation (if any) is fair. 

How to Prove Loss of Consortium in New Jersey

There are various ways to prove loss of consortium in New Jersey. First and foremost, the person filing the claim must prove they the relationship they had with the injured party, which is easy if they’re legally married and have the proper documentation.

As far as proving a loss of consortium did, in fact, take place, there are various pieces of evidence to present to a court.

• Photographs and Videos: Photos and videos can show how loving a couple was toward one another prior to an accident. After an accident, it’s possible a person has suffered significant physical or mental injuries and is noticeably more distant. This could show how much the collision impacted the other party and, by proxy, their partner.

• Medical Records: It’s paramount for anyone involved in a car accident or workplace injury to seek medical attention right away. A doctor can diagnose any underlying medical issues immediately to tie them directly to the incident. A doctor’s records will prove definitively the extent of the injuries. And Also guide about Future Medical Expenses.

• Evidence of Economic Loss: After a severe injury, the person may not be able to work for a good length of time. This can impact their household, resulting in additional stress and hardship for anyone who lives with them. In short, the person faces economic damage.
• Testimony: Your family and friends can also testify in court about how much the injured party has changed. Maybe they’ve noticed differences in your relationship that deserve to be brought to light.

Who Can File a Loss of Consortium Claim?

In New Jersey, only a person’s married spouse can file a loss of consortium claim. This means that anyone who is cohabitating without marriage or in a domestic partnership cannot receive this compensation. 

Additionally the couple must be legally married at the time the accident occurred. It’s also important to consider that loss of consortium is viewed as a derivative claim. This means the injured party must file a negligence lawsuit first. Then the spouse can file for loss of consortium.

Compensation for Loss of Consortium

Loss of consortium is designed to cover emotional damages a spouse may endure after a loved one has gone through something traumatic. This can include more intangible aspects, such as a loss of companionship, love, affection, and comfort. 

It can also compensate a spouse for certain services the spouse would provide before the injury. This might include not bringing in an income although that might be covered if the injured party pursues loss of income compensation. But the spouse may also want compensation if the spouse can no longer cook, clean, or look after any children. This creates more work and additional stress for the spouse. 

Courts consider various factors when determining proper loss of consortium compensation. There’s not necessarily a cap on damages, but courts may look at the strength of the marriage prior to the accident as well as how long it’ll take for the injured spouse to get better again. 

Call Rosengard Law Group Today

Seeing as loss of consortium often focuses on less tangible qualities, it’s good to have a legal expert in your corner. The attorneys at Rosengard Law Group are here to help, and we’ve dealt with many personal injury cases around New Jersey. Call us at 856-284-6446 to get started.