How Can a Lawyer Determine Damages for Loss of Consortium After a Crash Injury?

A serious accident that leaves someone permanently disabled, disfigured, or in chronic pain can have a significant impact on their loved ones. Loss of consortium damages offer a way for an injured victim’s spouse to seek compensation for the loss of companionship, affection, comfort, support, and physical intimacy due to an injury caused by someone else’s negligence.

Our personal injury lawyers at Sarno da Costa D’Aniello Maceri Webb LLC, led by Paul M. da Costa, have recovered substantial settlements and verdicts for couples in New Jersey. We protect your rights and fight to help you find the compensation and justice you deserve after an injury.

Understanding Loss of Consortium in New Jersey Auto Accident Cases

While loss of consortium can arise from many types of incidents, it is most often an element in cases involving motor vehicle accidents. A serious collision can cause catastrophic, life-changing injuries that significantly affect a victim’s quality of life. These injuries include:

• Spinal cord injuries that leave a victim in severe pain or paralyzed
• Traumatic brain injuries (TBI), which can impact a person’s cognitive function, personality, memory, and mental and physical health
• Severe musculoskeletal injuries, such as compound fractures or crushed bones, which can require multiple surgeries and long-term rehabilitation
• Limited mobility and/or chronic pain that impact a person’s ability to function

Often, victims who suffer from these injuries and conditions are unable to participate in shared activities they enjoyed, engage in physical intimacy, or provide the same level of emotional support that once existed in a relationship. Although loss of consortium can be difficult to quantify, it doesn’t change the fact that the victim and their spouse have experienced significant losses.

For example, if a wife loved hiking with her husband and he can no longer walk, her quality of life has been diminished. Our car accident lawyers know how to prove loss of consortium claims and demonstrate how a spouse’s injury has drastically changed their relationship and their lives.  

What Type of Medical Evidence is Required in a Loss of Consortium Claim?

While loss of consortium focuses on the uninjured spouse’s suffering, the claim still depends heavily on the injured victim’s physical and psychological conditions and how they’ve affected the marriage.

Linking the injury to loss of consortium requires strong medical evidence such as:

• Hospital and surgical records
• Doctor’s notes and progress reports
• Rehabilitation and therapy records
• Psychological or psychiatric evaluations
• Photographic and video evidence of a victim’s injury and physical limitations

In some cases, expert medical testimony may be necessary to explain how a victim’s injury prevents them from being able to share physical intimacy and provide support and companionship to their spouse. Your car accident attorney works closely with medical and mental health professionals to connect the dots and show how the negligent party’s actions caused injuries that directly led to the loss of companionship and intimacy in your marriage.

Why You Need an Experienced Personal Injury Attorney

Loss of consortium claims are complex. They require the knowledge and experience of a seasoned attorney who can:

• Evaluate your claim – Generally, loss of consortium claims in New Jersey can only be brought by a spouse. Whether your spouse survived an accident or you’re thinking of filing a wrongful death lawsuit due to negligence, our experienced, compassionate personal injury attorneys can determine whether you have a valid claim and advise you of your options for recovering compensation.
• Collect evidence – Medical records, testimony from friends and family, pictures, and other evidence can demonstrate how a relationship has changed due to an injury.
• Investigate and prove fault – Your auto accident lawyer will also investigate the circumstances surrounding the crash and gather evidence to prove who was at fault and why they are liable for damages.
• Accurate claim valuation – Insurance companies often downplay the severity of a victim’s injuries and the value of non-economic damages like loss of consortium. It’s vital to have an experienced personal injury attorney with the resources and knowledge to accurately value your claim. Our car accident lawyers work closely with medical and financial experts to ensure you pursue the full amount of compensation that reflects the entire scope of your economic and non-economic damages.
• Negotiate with insurance companies – Unfortunately, insurers are not on your side and do everything they can to minimize payouts and deny car accident claims. Paul and our team have decades of experience helping victims and their families secure the compensation they deserve in cases involving New Jersey loss of consortium claims. We understand how profoundly these injuries can disrupt your life and have a proven track record of helping families find justice holding negligent parties accountable.

The Statute of Limitations for Loss of Consortium Claims in New Jersey

Although a loss of consortium claim is tied to the losses of an uninjured spouse, it is usually included in the victim’s personal injury claim. Most personal injury claims in New Jersey are subject to a two-year statute of limitations. This means that generally, you have two years from the date of the accident to file a lawsuit in court, although there are some exceptions.

Failing to include loss of consortium in an initial personal injury claim or lawsuit can result in the non-injured spouse losing their right to pursue it. Consulting an attorney as soon as you can after a crash helps protect these rights. Your car accident lawyer will ensure that your claim is filed correctly and promptly to avoid missing any deadlines.

Loss of Consortium Cases Require Skilled Legal Representation

Having a skilled, experienced, and tenacious personal injury lawyer in your corner is vital to the success of a loss of consortium claim. Insurance companies often view these damages with skepticism and may argue that your relationship problems started before the injury or that the changes in your relationship aren’t significant enough to warrant compensation.

Our car accident attorneys know how to gather and present compelling evidence to support your claim. We are well-versed in countering insurance company tactics designed to minimize your loss of consortium claim. Your car accident lawyer negotiates aggressively on your behalf – if a reasonable settlement can’t be reached, we won’t hesitate to take your case to trial.

Paul and his personal injury team have built a strong reputation with New Jersey courts and the legal community. We’ve successfully recovered compensation for our clients in thousands of complex personal injury cases, including those involving loss of consortium.

Our car accident attorneys know that loss of consortium claims can be emotionally trying when your life has already been turned upside down due to an injury. Our certified civil trial attorneys have the skill, compassion, and courtroom experience needed to navigate these sensitive matters so you and your family can heal and put this challenging time behind you.

Contact a Car Accident Lawyer Near You in New Jersey

Our experienced team at Sarno da Costa D’Aniello Maceri Webb LLC, is dedicated to helping injured victims and their families get the justice and compensation they need and deserve. If you believe you have a loss of consortium claim, contact us or call 973-274-5200 to schedule a free, no-obligation consultation with New Jersey car accident attorney Paul M. da Costa. We offer several convenient locations near you in Roseland, Bridgewater, Hackensack, Morristown, and Eatontown, NJ.