What Do These Damages Cover? How Are They Calculated?
When you’ve suffered any type of personal injury, some of your losses will be easy to identify and calculate—lost wages and unreimbursed medical expenses are typically pretty clear cut. You have a right, though, to full and fair compensation of other types of loss, including damages of loss of consortium. How is loss of consortium defined in New Jersey and how are the losses associated with it calculated?
What Is Loss of Consortium in a Personal Injury Claim?
Loss of consortium is not, in and of itself, a definable physical injury. Instead, it is characterized by a loss of the ability to maintain common physical relations with a spouse because of an injury. For example, if a spouse suffers some level of paralysis as a consequence of a motor vehicle accident or slip and fall and is no longer able to engage in physical or sexual intimacy, that would be the basis for loss of consortium claim.
Is Loss of Consortium the Same Thing as “Loss of Companionship”?
Not exactly. The loss of companionship is a broader claim, which can include loss of comfort, camaraderie, emotional or psychological support or even household services. While a spouse may seek compensation for loss of companionship, other family members may as well. Loss of consortium refers very specifically to the loss of sexual intimacy. A claim for loss of consortium may only be filed by a spouse, though either spouse may claim loss of consortium in a personal injury lawsuit. For example, a surviving spouse may claim loss of consortium as part of a wrongful death action.
How Are Damages Calculated for Loss of Consortium?
Loss of consortium is considered to be a form of “non-economic” damages, which are typically subjective and difficult to determine with any precision. The jury will ultimately calculate the full amount of damages, usually by looking at the severity of the injury, the nature of the injured party’s marital sexual relationship before the accident, and the impact the injury will have on continued physical intimacy.
Contact the Law Offices of David J. Karbasian, PC
Send as an e-mail today or call as at 856-667-4666 / 856-600-HURT to schedule an appointment to discuss your personal accident injury claim. Evening and weekend consultations are available upon request. We can come to your home or the hospital to meet with you, if necessary.
