Loss of Consortium Claim
Posted By Mulvey Law on Oct 28, 2010 8:25am PDT
New Hampshire recognizes a type of personal injury claim known as a loss of consortium claim. A loss of consortium claim is a claim that is brought by an uninjured spouse against the party that caused the injury for damages that stem from the injury to the other spouse. The loss of consortium claim is derivative claim in that it exists because of the injured spouse's personal injury claim. The two claims are typically brought together and at the same time.
This type of claim is allowed because the law recognizes that although one spouse may not have suffered a physical injury, that spouse may nonetheless be "injured" because their spouse no longer performs the services that he/she would have performed but for his/her physical injury. The lost services can include household responsibilities (cooking, cleaning, mowing the lawn), love, companionship, and/or sexual relations.
So, for example if husband is injured in a motor vehicle accident and his injuries render him unable to do the things around the house that he used to be able to, unable to have sex with his wife, and is unable to go to social gatherings with his wife, the wife may have a solid loss of consortium claim.
We have represented many spouses for physical injuries and loss of consortium claims. We here at Mulvey Law are experienced personal injury attorneys and we understand how to present your claim to achieve the best result possible. If you or a loved one have been injured in an accident, please call us right away to set up a no charge initial meeting to assess any potential claims you may have.