Understanding Loss of Consortium in New York

  • Loss of consortium damages allow a spouse to recover compensation for the way an injury impacted their relationship with their injured partner.
  • Potential factors in a loss of consortium claim include loss of love, companionship, affection, society, sexual relations, solace, and more.
  • The amount of compensation you receive for loss of consortium will depend heavily on how the accident uniquely impacted your relationship and household. 

Loss of Consortium Definition

Loss of consortium is a form of non-economic damages available in New York personal injury lawsuits. This form of damages compensates spouses when an accident causes injuries to their partner that impact the nature and dynamic of their relationship. 

In one seminal case, a woman sued for loss of consortium after an elevator accident left her 37-year-old husband paralyzed from the waist down. Millington v. Southeastern Elevator Co., 22 N.Y.2d 498 (N.Y. 1968). The New York Court of Appeals explained as follows:

“The concept of consortium includes not only loss of support or services, it also embraces such elements as love, companionship, affection, society, sexual relations, solace, and more.” 

Like most non-economic damages, calculating compensation for loss of consortium can be tricky due to the subjective nature of the loss. Ultimately, the final amount awarded will be highly dependent on the particular circumstances of the spouses involved. Awards granted in analogous cases can also play a significant role. 

Importantly, in New York, loss of consortium damages are not available in wrongful death lawsuits. Liff v. Schildkrout, 49 N.Y.2d 622 (N.Y. 1980).  

Examples of Loss of Consortium Cases

To illustrate the potential compensation available through loss of consortium claims, consider the following two New York case results: 

Our legal team will leave no stone unturned in pursuit of full and fair compensation for you, your spouse, and your family. We have recovered millions of dollars in verdicts and settlements for injured New Yorkers, including in cases involving loss of consortium.

Potential Factors in a Loss of Consortium Claim

The main focus in a loss of consortium claim is how an injury changed the relationship between the victim and their spouse, which can manifest in many different ways.  

Physical or Emotional Injury to a Spouse

The burden of caregiving and taking over all household duties can be physically and emotionally draining, especially when watching your spouse suffer from their injuries. A loss of consortium claim may take into account these burdens.  

Loss of Companionship, Intimacy, and Affection

When a spouse is injured, they may not be able to provide the same level of affection and intimacy as they did before the accident. Unfortunately, some injuries are lifelong and permanently change a couple’s life and relationship.  

Impairment of Household Services

If a spouse handled household chores, such as repairs or driving the children to school, they may be unable to do so after an injury. In these cases, spouses can receive compensation for lost services. 

Let Chopra & Nocerino Handle Your Loss of Consortium Claim

At Chopra & Nocerino, we understand how personal injuries can change your relationships with your spouse. Our loss of consortium lawyers can evaluate your case and guide you throughout the process of securing full and fair compensation. To learn more, explore our Personal Injury FAQs page. 

To schedule your free consultation, call (855) NYC-HURT or contact us online. Do not wait. Para servir mejor a todos los miembros de nuestra comunidad, también ofrecemos servicios en español.

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