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How do you put a price on the love and affection of a family member? Though it can be challenging to assign a monetary value to something intangible, some states allow loved ones of individuals injured in accidents to seek compensation related to deprivation of intimacy and support. This legal concept is known as the loss of consortium.
Can you seek compensation for the loss of consortium in New York following an accident? You can learn more about what loss of consortium means and whether you or your loved ones qualify to seek compensation for this loss by contacting our experienced New York City accident lawyers.
What is Loss of Consortium?
Loss of consortium is a legal term that refers to the deprivation of intimate or close familial ties due to injuries caused by another party’s negligence or wrongful actions. The definition of loss of consortium can encompass the loss of intangible benefits such as love, affection, companionship, support, and sexual intimacy from an injured spouse. When an individual is significantly injured or killed, the victim’s close family members may lose out on these benefits. Some states allow individuals to seek compensation for these losses.
Injuries that Could Qualify for Loss of Consortium Damages
What constitutes the loss of love, companionship, and intimacy? The answer depends on the severity of a person’s injuries. Some of the most common injuries that may lead to loss of consortium can include:
- Disability or disfigurement
- Paralysis
- Traumatic brain injury
Loss of consortium can be subjective. It takes evidence to prove that an emotional, sexual, or supportive relationship has been significantly damaged or altered due to the injuries sustained in an accident. Typically, proving a loss of consortium claim takes the work of a dedicated and knowledgeable New York City personal injury attorney.
Can I Receive Compensation for the Loss of Consortium in New York?
Depending on the circumstances of your case and the severity of your injuries, you may seek compensation through a claim for loss of consortium in New York. Loss of consortium is an example of non-economic damages. Non-economic damages are subjective and related to quality-of-life issues, not measurable losses such as medical expenses or lost wages.
In personal injury lawsuits, New York does not cap the amount of non-economic damages a victim can seek. However, the state does not allow individuals to recover loss of consortium damages in wrongful death lawsuits. To understand whether you or a loved one can pursue compensation for loss of consortium, discuss your unique situation with an experienced New York personal injury attorney.
Talk to an Experienced Injury Lawyer in New York Today
Do you need help understanding what compensation you can recover following an accident with a careless individual? Talk to an experienced personal injury attorney with Finz & Finz, P.C. today. We can review your situation and outline your options for maximum compensation for your losses, including loss of consortium in New York. Our nationally recognized firm has helped victims and their families recover from devastating accidents for 40 years by successfully handling their personal injury claims.
Contact our New York office today to request a free case evaluation about loss of consortium claims. We can fight to recover the money you deserve. This is our commitment to you.
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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.
