New Jersey Loss of Consortium Claims

When a person is harmed or injured as a result of negligence, their spouse or partner often suffers damages as well.  In those circumstances, you may have the right to pursue damages for “loss of consortium” for the injured spouse.

In this situation, you should weigh the pros and cons of filing a loss of consortium claim with Cherry Hill personal injury attorneys. By meeting with a lawyer, you can discuss how a consortium claim works and if you are eligible to submit one. If you decide to move forward with this type of claim, your lawyer can provide you with comprehensive legal representation throughout your litigation.

Loss of consortium definition

A loss of consortium claim involves requesting compensation based on a loss of comfort or society from a spouse. It can also relate to the loss of intimacy between you and your spouse. To understand how a consortium claim works, consider an example.

You are married and cook, clean, and provide childcare for your spouse on a regular basis. One day, a negligent motorist crashes their car into yours. You suffer a brain injury that impacts your cognition and mobility. This injury makes it nearly impossible to live life the way you did previously.

Following your accident, you or your spouse file an auto insurance claim on your behalf. There are insurance requirements for all drivers in New Jersey, and under the state’s no-fault system, you could receive some compensation for your medical bills, loss of income, or lost services.

However, that insurance claim does not account for your accident’s long-term impact on your life. Fortunately, a loss of consortium claim might help. Cherry Hill car accident attorneys can help you pursue this path for compensation.

Who can file a loss of consortium claim in New Jersey?

The spouse of an injured person can submit an NJ loss of consortium claim, generally as part of or in conjunction with the claim pursued by the injured party. If you are considering this type of claim, meet with a Cherry Hill personal injury lawyer. They can evaluate your case and explain your legal options. If you are eligible for loss of consortium damages, your attorney can submit your claim promptly.

Generally, you have two years from the date you suffer an injury due to another party’s negligence to seek damages from them. If you are involved in a car crash that results in a catastrophic injury, hire Cherry Hill catastrophic injury attorneys to represent you right away. They can submit your request for loss of consortium damages in accordance with New Jersey law.

In addition to the loss of consortium compensation, you could receive damages for medical bills, lost wages, and other losses you incur in an accident caused by a negligent party. Your lawyer accounts for how much your pain and suffering is worth and other damages you can recover. They can put you in a position to secure fair compensation.

Loss of consortium settlement amounts

In terms of loss of consortium settlement amounts, what you receive for compensation depends on your case. Personal injury lawyers in Cherry Hill want their clients to achieve outstanding verdicts and settlements. They focus on gathering evidence that proves a party was negligent and should be ordered to provide compensation for all of your losses, including loss of consortium and other damages.

To maximize your settlement, your attorney gathers evidence to support your argument. This proof can show you are dealing with any of the following losses due to a liable party’s actions:

• Affection or love
• Comfort
• Companionship
• Household services

Your lawyer may use medical records, witness statements, and other proof to argue your case. How much proof you have and its quality can impact how a judge or jury views your argument. If your evidence is compelling, the court may be inclined to rule in your favor. Plus, your proof could lead the defendant in your case to offer a reasonable settlement.

Factors that can impact how much your loss of consortium claim is worth

Just because you submit a loss of consortium claim in NJ does not guarantee you will receive compensation. The court evaluates your claim based on the respective evidence and arguments of you and the defendant. It will also examine the following factors relative to your case:

• How you or your spouse were injured
• How badly you or your spouse got hurt
• How long your injury may affect you or your spouse
• Your age
• The relationship between you and your spouse
• The emotional and psychological trauma your spouse is facing due to your injury

New Jersey law has no restrictions on how much compensation you can get in a loss of consortium damages request.

Tips to help you with your New Jersey loss of consortium claim

When in doubt about how to proceed with a loss of consortium claim in NJ, pursue legal help. Work with Cherry Hill traumatic brain injury attorneys or other lawyers who have relevant case experience. Your lawyer may provide several tips to help you accomplish your desired case results, including:

Receive medical or mental health care

Go to a doctor, receive treatment, and follow this medical professional’s orders. This helps you build evidence that highlights the severity of your losses. Your medical records could play a vital role in your efforts to prove loss of consortium and secure full damages.

Bolster your body of evidence

Communicate and collaborate with your lawyer as you prepare your body of evidence. Together, you and your attorney can collect proof that the defendant may struggle to dispute.

Do not wait to file your claim

Submit your claim within the time limit created by New Jersey’s statute of limitations. This window is limited and may not be extended. Your attorney can file your claim before you run out of time.

Negotiate a settlement

Let your lawyer discuss a settlement. If the defendant proposes a settlement, review the offer with your attorney. You are not legally obligated to approve a settlement. If you are not fully satisfied with an offer, you can decline it and continue with your litigation.

Also, stay in touch with your lawyer. If you have a proven legal team at your side, you are well-equipped to avoid mistakes during your legal proceedings. Plus, you and your attorney can submit an argument that resonates with the court and allows you to secure the compensation you deserve.

Get legal help with your loss of consortium claim

A loss of consortium has long-lasting ramifications for you and your family. You may have no idea how to cope with this issue, but legal options may be available. If someone else harmed you or your spouse and contributed to your loss, hold them accountable. A personal injury lawyer can help you file a consortium claim that could help you receive adequate compensation for your losses.

Ferrara & Gable is laser-focused on protecting the rights of our clients. With more than 50 years of combined legal experience on staff, we know what it takes to handle a loss of consortium claim. We are here to assist you with your consortium claim in any way we can. Schedule a free case consultation with our team.