Qualifying for Compensation after the Loss of a Family Relationship
In the aftermath of an accident, particularly when no one has died, there’s a tendency to look only at the losses suffered directly by the injured party—lost wages or income, unreimbursed medical expenses, physical pain and suffering, and the temporary or permanent loss of the ability to do the things you love to do. But accidents affect family members as well.
Some of those losses can be recovered in a lawsuit filed by the injured party. For example, any lost financial support will typically be a part of the injured party’s award. But there are also losses sustained only by family members—the loss of companionship and guidance, as well as the loss of comfort, society and marital relations, commonly referred to as “loss of consortium.”
What Is Loss of Consortium?
Loss of consortium involves the inability to engage in or enjoy the benefits of a family relationship, including affection and sexual relations, due to injuries sustained in an accident. The injuries may include amputation or paralysis, scarring or disfigurement. Any pain caused by or connected to an injury may also be the basis for a claim of loss of consortium.
Who Can File a Claim for Loss of Consortium in New Jersey?
In New Jersey, an injured party may always sue for loss of consortium. Additionally, the legal spouse of the injured person may also have a claim, but the parties must have been married at the time of the accident. Persons cohabitating with the victim have no right to claim loss of consortium.
Contact the Law Office of Howard D. Popper
At the Law Offices of Howard D. Popper, we can help protect your rights. For a free initial consultation to discuss your options after a personal injury, contact our office online or call 973-993-8787 to set up an appointment. We have offices in Morristown and Newton.
We handle all personal injury claims on a contingent fee basis. You won’t pay any attorney fees unless we recover damages for your losses.