A: Loss of consortium is a claim brought by the uninjured spouse at the same time a lawsuit is brought for the injured spouse. This is also known as a claim for loss of services.
Here's the thinking behind why a loss of services claim is permitted.
When your spouse becomes injured, the un-injured spouse then must take over and perform many of the daily duties and functions to help the injured spouse as well as family members continue on with their daily lives. Some examples include providing nursing care, supportive care, taking over the daily activities that they did not ordinarily, providing love, guidance and comfort while the injured spouse is recuperating.
Typically, in New York, a loss of services claim tends to be of lesser value than the claim involving the injured spouse. The non-injured spouse suffers a tremendous burden including the added burden of having to deal with the psychological impact of the injured spouse, providing for their family and dealing with the little details that no one ever thinks about except in these circumstances.
To learn more about loss of consortium, I encourage you to pick up the phone and call me. I can answer your legal questions. This is what I do every single day. You can reach me at 516-487-8207 or by e-mail at [email protected] welcome your call.