Oct 292013
 

Drivers and passengers are often injured in NJ car, bus or truck accidents.  Injured victims may file a lawsuit against the at fault driver for damages.  If car accident victims are married, their spouses also have a right to file claims against the negligent drivers.  Such claims are called “loss of consortium” claims.

New Jersey has long recognized the right of a spouse to recover for the loss of his or her spouse’s love, companionship and marital services when that loss is caused by the actions of another, such as the negligent driver in a car accident.  While the value of a spouse’s companionship is almost inestimable, spouses can recover for the benefits they enjoyed before their spouse was injured but lost as a result of the wrongdoer’s actions.

A loss of consortium claim in New Jersey allows a spouse to recover for his/her own losses, such as loss of companionship, comfort, usefulness, affection, intimacy and services from the injured spouse.  Some of the services a New Jersey car accident victim’s spouse can recover include:

  • housework,
  • child rearing,
  • yard work and maintenance,
  • cooking, or
  • cleaning.

The list of activities that an injured spouse can no longer perform can be very long and the economic value of these services can be significant.

For example, a case where a happily married father and husband is severely injured in a New Jersey car accident may result in the husband being unable to take part in raising his children, taking them to school, preparing them for events, and sharing their lives.  He may be unable to have intimate relations with his wife and provide love and support to her when she needs it.  He may even be unable to perform even the most basic housework, or provide any physical support and assistance.  A wife in that situation will have suffered a tremendous emotional and physical loss, and her life would be changed and become much more difficult and lonely, due to the actions of another person.  In New Jersey, a wife in that situation can take action against the person that caused the car accident which hurt her spouse and receive financial support and recovery in a loss of consortium claim.

Careful investigation and interviews of the couple and other family members, sometimes about personal issues, are often necessary to establish, and ultimately prove, the types of services and assistance the injured husband or wife once provided to their spouse.

It takes a seasoned and experienced New Jersey car accident attorney to evaluate your car accident case and determine whether it is appropriate to bring a loss of consortium claim.

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Philip Ciprietti has been helping injured victims for over 35 years and has helped many car, bus and truck accident victims in NJ. If you were injured in a car, truck or bus accident on the NJ Turnpike, AC Expressway or other New Jersey highways, feel free to contact Phil T. Ciprietti, Esquire for a free initial consultation. 800.281.8695

*Disclaimer: Every case is unique and you should not take any action or make decisions in your case without speaking to a qualified car and truck accident lawyer in New Jersey. This website page does not provide legal advice or create an attorney-client relationship. Use of the contact form on this website or emailing Mr. Ciprietti does not create any attorney-client relationship. In addition, confidential information should not be sent through the contact form.