New Hampshire recognizes a type of personal injury claim known as a loss of consortium claim. A loss of consortium claim is a claim that is brought by an uninjured spouse against the party that caused the injury for damages that stem from the injury to the other spouse. The loss of consortium claim is derivative claim in that it exists because of the injured spouse's personal injury claim. The two claims are typically brought together and at the same time.
Has a loved one suffered a personal injury that has long-lasting consequences? Our New Hampshire personal injury team may be able to help! Consult with our lawyers in a free consultation to discuss whether you may be able to recover damages for loss of consortium!
Can I Bring a Loss of Consortium Claim?
This type of claim is allowed because the law recognizes that although one spouse may not have suffered a physical injury, that spouse may nonetheless be "injured" because their spouse no longer performs the services that he/she would have performed but for his/her physical injury. The lost services can include household responsibilities (cooking, cleaning, mowing the lawn), love, companionship, and/or sexual relations.
So, for example if husband is injured in a motor vehicle accident and his injuries render him unable to do the things around the house that he used to be able to, unable to have sex with his wife, and is unable to go to social gatherings with his wife, the wife may have a solid loss of consortium claim.
To establish loss of consortium, the court will establish:
- The stability of the marriage;
- How long each couple has left to live; and
- Extent of marriage benefits lost in the accident.
Even further, loss of consortium can go beyond a spousal agreement and relate to the relationship between a parent and a child. If the relationship between the child and the parent has been so severely harmed that the child has suffered a serious injury as a result, they may be eligible to make a claim.
We have represented many spouses for physical injuries and loss of consortium claims. We here at Mulvey Law are experienced personal injury attorneys and we understand how to present your claim to achieve the best result possible. If you or a loved one have been injured in an accident, please call us right away to set up a no charge initial meeting to assess any potential claims you may have.