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New York Personal Injury Attorneys

What Is Loss Of Consortium And Companionship?

March 27, 2020 in

Under New York law, spouses of personal injury victims are sometimes entitled to compensation via a claim for loss of consortium and companionship. These claims are meant to remedy marital losses that spouses of injury victims experience due to another person’s fault. These claims are frequently made when the injuries suffered are permanent and/or debilitating.  

Who Can Bring A Loss Of Consortium And Companionship Claim?

In New York, only spouses (not life partners or significant others) of injury victims are entitled to make loss of consortium and companionship claims. Your claim may include loss of financial support if your spouse financially contributed to the family and household expenses. Loss of support is determined by the amount that your spouse would have contributed to your family had he or she not been injured. Lost financial support will be based on evidence that you provide, such as testimony from a financial expert, regarding your spouse’s income and financial contributions. 

Compensation For Household Services Provided

If your spouse can no longer perform the household services he or she previously provided, you will have to shoulder the burden of performing those services or paying someone to do them for you. Financial recovery for household services provided by your spouse is meant to compensate you for the additional household  chores and upkeep that your spouse can no longer perform. Services like childcare, yard work, and house cleaning can be included in your claim for loss of services. 

Compensation For Loss Of Financial Support

You may also be compensated for the physical and emotional losses that you have suffered in your marriage due to your spouse’s injuries. These losses may include your sexual relationship, companionship, acts of affection and acts of love and intimacy. 

Wrongful Death Claims

In New York, compensation for loss of consortium and companionship are generally not allowed in wrongful death claims. If a family member suffered fatal injuries caused by someone else, surviving family members are not permitted to recover for their emotional losses. Still, they may recover compensation for economic losses, such as medical expenses, funeral and burial expenses and loss of financial support.

Additionally, if your spouse suffered losses as a result of the accident before he or she died, a personal representative may seek compensation for the estate under a survival action. Compensation for survival actions may include the decedent’s emotional losses, such as the pain and suffering experienced as a result of the accident before death. 

Preparing For A Loss Of Consortium Claim

Loss of consortium claims can be emotionally trying, but an experienced NYC personal injury attorney will make things easier by preparing you for questions that you may be asked and explain how your answers will impact your claim.  Among other things, preparation is designed to give those who have suffered loss of consortium the comfort and confidence to explain the nature of the loss to defense counsel and, if necessary, a jury.

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