In personal injury cases, the impact on the injured individual is often front and center. But what happens when the harm extends to their spouse or family? In New Jersey, a legal concept known as “loss of consortium” allows certain family members to seek damages when an injury disrupts their relationship with the injured party. Though less commonly discussed, this type of claim can be a meaningful source of compensation.

This article breaks down how loss of consortium claims work in New Jersey, who can file, and what factors courts consider when evaluating these cases.

What Is a Loss of Consortium Claim in New Jersey?

Loss of consortium refers to the negative impact a serious injury has on a marital relationship. This can include the loss of emotional support, affection, companionship, and even sexual intimacy. In New Jersey, a loss of consortium claim is typically filed by the spouse of the injured person, but in some limited cases, courts may also recognize similar losses experienced by parents or children, depending on the circumstances and case law.

Importantly, loss of consortium is considered a derivative claim. That means it depends on the success of the injured person’s primary personal injury case. If the court finds the injury claim invalid, the consortium claim will not stand on its own.

Eligibility: Who Can File a Loss of Consortium Claim in NJ?

In most New Jersey personal injury cases, only the spouse of the injured person can file a claim for loss of consortium. New Jersey does not currently extend this right to unmarried partners, even in long-term relationships.

To file a valid claim, the spouse must prove:

  • A valid, legal marriage existed at the time of the injury
  • The injury was the direct result of the defendant’s negligence or wrongdoing
  • The injury caused a loss of companionship, intimacy, and shared life experiences

Courts do not require proof of a perfect relationship, but they do look for evidence that the injury meaningfully altered the nature of the marriage.

Types of Damages in Loss of Consortium Cases

The damages in these cases are non-economic, meaning they are subjective and not tied to specific financial losses like medical bills or lost wages. Instead, they focus on emotional and relational harm. Common elements of loss of consortium damages include:

  • Loss of affection, comfort, and society
  • Loss of enjoyment in shared activities
  • Loss of sexual relationship
  • Increased emotional strain or mental anguish

Since these damages are not easily quantified, they often rely on compelling personal testimony and may require expert input from therapists or marriage counselors to illustrate the impact of the injury on the relationship.

How New Jersey Courts Evaluate Loss of Consortium Claims

Loss of consortium cases require a careful balancing of emotional claims with legal standards. In New Jersey, juries and judges consider a variety of factors, such as:

  • The duration and quality of the marriage before the injury
  • The severity and permanence of the injury
  • The degree of change in the couple’s relationship
  • The spouses' individual testimony and credibility

It’s also important to understand that New Jersey follows a modified comparative negligence rule. If the injured spouse is found to be more than 50% responsible for their own injury, neither they nor their spouse can recover damages—including loss of consortium.

Proving a Loss of Consortium Claim in NJ

These claims often involve deeply personal disclosures. Plaintiffs may need to describe intimate details about their lives before and after the accident. This can be uncomfortable, but it’s necessary to build a compelling case. Supporting documentation can include:

  • Testimony from the couple and close friends or family
  • Journals or written records detailing the relationship’s change
  • Medical or psychological evaluations
  • Expert testimony from relationship counselors

Because these claims are often subjective, having a skilled attorney who can present a respectful yet persuasive narrative is critical.

Common Scenarios That Lead to Loss of Consortium Claims

While a wide range of injuries can lead to consortium claims, they often appear in cases involving:

In each of these cases, the injury typically causes a drastic change in the injured person’s ability to participate in a normal marital relationship, which justifies a consortium claim.

Statute of Limitations and Filing Procedures in NJ

In New Jersey, the statute of limitations for a loss of consortium claim is two years from the date of the injury. Since the claim is tied to the underlying personal injury case, both must typically be filed at the same time.

Failing to include the loss of consortium claim in the initial lawsuit can result in the claim being barred entirely. That’s why it’s important for spouses to communicate early on with the attorney handling the injury claim to determine whether this type of claim is appropriate.

Can Loss of Consortium Be Part of a Settlement?

Yes. Loss of consortium is often factored into settlement negotiations, especially when the injury has caused significant and lasting disruption to a marriage. While it may not be separately itemized in the final agreement, experienced attorneys will include it in the overall calculation of damages when advocating for fair compensation.

Insurance companies, however, may undervalue these types of non-economic damages, so it’s important to have representation that can clearly articulate the depth of the loss.

Conclusion

Loss of consortium claims in New Jersey provide a way for spouses to seek recognition and compensation for the ripple effects a serious injury can have on a marriage. While these claims can be emotionally challenging and legally complex, they are an important tool for ensuring that the full scope of harm is addressed in a personal injury case.

For couples navigating the aftermath of a traumatic accident, consulting an experienced personal injury attorney is key to understanding your options and pursuing all available forms of relief.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating New Jersey personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.

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