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What should I know about loss of consortium?

A car accident aftermath can be devastating on New York couples. A husband caught in an auto collision can experience severe and lasting injuries that deprive a spouse of all the affection and comfort that the husband would have usually provided. This is known as a loss of consortium. Any spouse victimized by loss of consortium can try to claim damages as part of an accident claim.

FindLaw explains that a loss of consortium can take different forms. The most devastating is the complete loss of a spouse. An auto accident can permanently deprive someone of the presence and affection of a partner through taking the partner’s life. Alternatively, an accident may cause grievous injury to a person. Although the accident victim manages to survive, his or her life is radically changed as a result.

Injuries can deprive people of consortium in different ways. An accident victim may be left in a coma, which robs the other spouse of the victim’s active companionship and interaction. Some accident survivors may be awake and lucid but suffer from physical impairments that render them incapable of performing their regular marital duties. They cannot provide care, parenting, affection, or sexual interaction.

A loss of consortium is somewhat unique in that the family member of the auto accident victim is the one suing for damages, since the auto collision deprived the spouse of the affection and duties the victim would ordinarily supply. However, if the accident victim survived and is capable, the victim may also join in a loss of consortium lawsuit to seek damages.

Keep in mind that loss of consortium may be subject to caps on damages or a statute of limitations, so consult with a qualified attorney to learn which options are available. Since loss of consortium takes many forms, do not consider this article as legal advice. It is only written to educate readers on car accident topics.

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Hall, Ricketts, Schuller & Gurbacki, P.C.
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