Loss of Services and Consortium Damages In New York Personal Injury Cases

Posted in Personal Injury and tagged by Kenneth A. Wilhelm, Esq.

When you are injured in an accident that was caused by the negligent or reckless actions of another party, you may be entitled to damages. Your spouse may also be entitled to damages as a result of the third-party’s negligent or intentional acts. If your New York personal injury lawyer determines your spouse is also entitled to such damages, they will make a separate claim for loss of services and consortium damages.

What is Loss of Consortium?

Loss of consortium is a non-economic damage that may fall into one of three different categories: damages for loss of services, damages for loss of support and damages for loss of quality of marital relations.

Loss of services generally refers to the reasonable value of the chores and other services that the injured spouse provided in the household, such as cooking, grocery shopping, and mowing the lawn, etc.

Loss of support deals with the amount of monetary support the injured spouse contributed to the family before the accident. This is typically related to the injured spouse’s loss of income and loss of future earning capacity. It is a different calculation and award that is provided to the uninjured spouse.

Loss of marital relationship refers to any thing else that cannot be labeled with a dollar sign but is valued to a marital relationship, such as companionship, sexual relations, love and affection. Your New York personal injury lawyer may request the jury to consider certain emotional factors when determining damages for the loss of marital relationship. This type of damage is often the most difficult to put a value upon.

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If you or a loved has been involved in an accident and suffered serious personal injuries, the experienced New York personal injury lawyers at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options. Please contact us toll free 24 hours a day, 7 days a week at 1-800 WORK-4-YOU (1-800-967-5496). We can also help with personal injury claims in New Jersey, Connecticut, Pennsylvania, or Florida.

If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case. Other toll free phone numbers for us include: 1-800-RADIO-LAW, 1-888-WYPADEK, or 1-800-LAS-LEYES. Please visit us at www.Work4YouLaw.com.