In some cases, when your spouse is injured in an accident because of the negligence of another person or party, the state allows you to file a loss of consortium claim against the at-fault party. This type of claim is intended to compensate spouses who were not physically injured, but who suffered the loss of spousal “services,” which can include everything from household chores to companionship and sexual relations.
It is important to know that a loss of consortium claim can only be filed if the party filing is married to the person who was injured. Also, the loss of consortium claim is dependent upon the injured spouse’s claim. For this reason, it is sometimes referred to as a “derivative” claim.
How are loss of consortium claims classified?
Loss of consortium claims can be classified in three categories, loss of support, loss of services and loss of marital relationship. Although it is not necessary for a claim to include all three categories, many claims do.
Listed below are more details about the different types of loss of consortium claims:
- Loss of support. This type of claim has to do with financial support and takes into account the amount of money your spouse would have contributed if they had not been injured. The courts will look closely at your spouse’s earnings and also how they managed their money in order to calculate an accurate claim.
- Loss of services. In order to determine a reasonable monetary value for your claim, the courts consider the domestic work your spouse contributed before the accident. This can include household chores like yardwork, housework, general maintenance and more.
- Loss of marital relationship. Marriages involve much more than sharing finances. Loss of marital relationship considers other aspects of marriage that may have been hindered or destroyed because of the accident. This can include sexual intimacy, love, affection and companionship.
Because it is difficult to pin a dollar amount on every aspect of marriage, some factors the court will also consider when calculating a claim include issues such as the duration of the marriage and the life expectancy of both spouses. A loss of consortium claim can be very personal and emotionally trying for the parties involved. That is why having an experienced Yonkers personal injury lawyer to help you navigate the court system can be a huge help.
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