Suing For Loss Of Consortium In A Personal Injury Case.

April 19, 2013

The injured person in most Buffalo personal injury lawsuits can seek damages for such things as medical expenses, lost wages, and pain and suffering.  In personal injury cases where the injured person is married, his or her spouse may also be able to seek additional money damages for what is called “loss of consortium.”

Loss of consortium is a claim that may be made when, as a result of personal injury, a person is rendered incapable of providing his or her spouse with the same level of services, companionship, love, and affection as was provided before the accident.

These categories are obviously very broad and may cover a variety of things.  Loss of consortium includes, for example, a situation where a husband who mows the lawn and performs most of the yard work is injured due to another’s negligence.  Because he is no longer able to perform the yard work, his wife takes on these duties.  Under these circumstances, his personal injury attorney not only may seek monetary compensation for his injuries, but also compensation for the wife based on the additional burden her husband’s injuries have placed on her.

While the loss of consortium claim will be brought in the name of the spouse if the case is sued, the claims for both the husband and wife usually will be handled as one matter in all court proceedings.

If your spouse has suffered a personal injury and you have questions, please feel free to call us at 716-400-0000.  We would be happy to help you.