What Does “Loss of Consortium” Mean in New York?
Understanding Your Right to Compensation for Loss of Consortium
When your loved one is seriously injured in an accident caused by another person’s wrongdoing, you suffer unbearable losses. From the loss of their income to the loss of their affection in some cases. New York law allows for certain family members and loved ones to file a claim for loss of consortium after another person’s injury, but to understand your rights you need to speak with an attorney.
At Denlea & Carton LLP, we represent injury victims and their families in personal injury. Our attorneys have extensive experience helping our clients receive the maximum recovery allowed under the law including compensation for loss of consortium and other non-economic losses.
If you or a loved one have been injured in White Plains or throughout Westchester County, NY, contact our office for a free consultation.
What Is the Loss of Consortium?
Loss of consortium is often defined as being denied the benefits of a relationship with a family member including the loss of affection, companionship, comfort, or sexual relations. States across the country recognize that when a loved one is seriously injured in an accident the loss is not just economic or confined to just the injury victim.
The loss is all-consuming, affecting loved ones in addition to the person injured. Not only does a family potentially lose a source of income, but they also lose the injury victim’s companionship, affection, and intimacy, in some cases. New York law allows for a spouse to seek a claim for damages for what is referred to as loss of consortium which encompasses all of these things.
Who Brings a Claim for Loss of Consortium?
Unlike most claims for damages in a personal injury lawsuit, a claim for loss of consortium is brought by the spouse of the injury victim. Some states have extended the right to other close loved ones such as children and parents, but it is challenging to bring these claims. It is important to discuss your case with an attorney to determine your legal options.
How Are Loss of Consortium Damages Quantified?
Loss of consortium damages, unlike lost wages or medical bills, are often difficult to quantify. A lawyer who is well-versed in handling accident cases can help you understand what kind of compensation you may receive related to your losses.
Loss of consortium damages are usually not automatically granted. Because the value of a loved one’s companionship, support, and intimacy cannot be easily monetized, you generally need legal representation to make a successful claim. Several things may be taken into consideration such as the length of your marriage and the extent of the injury.
Consult with a Loss of Consortium Attorney Today
If your spouse was seriously injured in an accident, you might be entitled to damages related to loss of consortium. Contact our office today to schedule a free, no-obligation consultation. Let us help you get the compensation you deserve. Get the superior service you need now. Do not wait until it is too late. Let our team of attorneys exceed your expectations and work tirelessly on your behalf.