What is Loss of Consortium?Loss of Consortium is the term often used by judges and personal injury lawyers to refer to the claims of physically uninjured spouses in personal injury cases brought by their injured spouses.
In New York, the claim for Loss of Consortium arises when a physically injured spouse cannot provide his or her spouse with the services, companionship, love, and affection they enjoyed before the accident.
The claim for Loss of Consortium arises when a physically injured spouse cannot provide his or her spouse with the services, companionship, love, and affection they enjoyed before the accident.The claim for Loss of Consortium is usually not a significant one unless the physically injured spouse has suffered a devastating, long-lasting injury such as paralysis, incontinence, loss of sexual function or inability to walk.
Judges in the State of New York tell juries in personal injury cases that in determining the damage amounts for Loss of Consortium they are to consider following conditions of the spouse of the physically injured person:
- Disposition and Temperament
- Social life
- Services rendered in supervising the household
- Acts of affection, love and sexual intercourse
The juries often misunderstand the above conditions of the spouse of the physically injured person. Hence, the Loss of Consortium awards range from low or even nothing at all to unbelievably high.
When there’s a divorce or the spouses separate after the accident, the Loss of Consortium claim will be affected. There’s no spousal claim for the time period after the separation. Or, any award for the prior time when they were together will be much less.
If you are a spouse of a physically injured person and you think that you have a legitimate claim for Loss of Consortium, then you should contact your spouse’s personal injury lawyer, immediately. Or, you may contact any personal injury lawyer to review your claim for Loss of Consortium.