[{"@context":"https:\/\/schema.org\/","@type":"Article","@id":"https:\/\/www.dsslaw.com\/blog\/loss-of-consortium-claims\/#Article","mainEntityOfPage":"https:\/\/www.dsslaw.com\/blog\/loss-of-consortium-claims\/","headline":"New Jersey Loss of Consortium Claims","name":"New Jersey Loss of Consortium Claims","description":"People generally know that if they are injured, they have a right to sue the business or person who negligently harmed them for monetary damages to compensate them for their harm and losses. But most people don\u2019t know that the lawful spouse, including a domestic partner, has a claim and...","datePublished":"2023-04-13","dateModified":"2026-02-02","author":{"@type":"Person","@id":"https:\/\/www.dsslaw.com\/blog\/author\/dsslaw\/#Person","name":"Davis, Saperstein & Salomon, P.C.","url":"https:\/\/www.dsslaw.com\/blog\/author\/dsslaw\/","identifier":12,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/645d493126a7be6f90be911a6e7d4382c0cd63874673097832081394c8bcf8ab?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/645d493126a7be6f90be911a6e7d4382c0cd63874673097832081394c8bcf8ab?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Davis, Saperstein & Salomon, P.C.","logo":{"@type":"ImageObject","@id":"https:\/\/www.dsslaw.com\/wp-content\/uploads\/2018\/05\/bg-logo.jpg","url":"https:\/\/www.dsslaw.com\/wp-content\/uploads\/2018\/05\/bg-logo.jpg","width":192,"height":90}},"image":{"@type":"ImageObject","@id":"https:\/\/www.dsslaw.com\/wp-content\/uploads\/2023\/04\/damages-for-loss-of-consortium.jpg","url":"https:\/\/www.dsslaw.com\/wp-content\/uploads\/2023\/04\/damages-for-loss-of-consortium.jpg","height":500,"width":600},"url":"https:\/\/www.dsslaw.com\/blog\/loss-of-consortium-claims\/","about":["Personal Injury"],"wordCount":1478,"articleBody":"People generally know that if they are injured, they have a right to sue the business or person who negligently harmed them for monetary damages to compensate them for their harm and losses. But most people don\u2019t know that the lawful spouse, including a domestic partner, has a claim and right to sue for their losses as well. If someone else\u2019s harmful act has deprived you of your loved one\u2019s companionship and affection, you can demand they compensate you by bringing a loss of consortium claim against them. But here\u2019s the catch\u2026it must be brought within the injured person\u2019s filed lawsuit. This claim, in legal terms, is known as a \u201cderivative claim,\u201d meaning it\u2019s derived from the injured person’s claim. This derivative claim is known as a \u201cper quod\u201d spousal claim for loss of society and consortium. The claim covers many of the unexpected relationship adjustments caused by a serious injury, including losses in the bedroom.If cases are settled before trial, meaning an out-of-court settlement, rarely is there a separate allocation or payment made for a spousal claim because it\u2019s generally all rolled into one settlement number. That\u2019s because if the injured person\u2019s injury case is settled, the spousal claim will be dismissed as part of the settlement. However, proving a spouse\u2019s claim can be embarrassing, emotionally challenging, and legally complicated without the help of an experienced New Jersey personal injury attorney.We at Davis, Saperstein & Salomon, P.C., with our skilled injury attorneys experienced with winning loss of consortium claims, can pursue you or your spouse\u2019s rights under the law. We rarely get into the \u201cdirty details\u201d but instead describe it for what it is \u2013 a loss of intimacy \u2013 and we communicate exactly that way. Call or contact us today for an explanation of your rights for your free consultation.What Is Loss of Consortium?Consortium is a legal term referring to the companionship, love, affection, society, comfort, and services provided by a spouse or close family member. Under New Jersey law, the deprivation of this consortium is a type of non-economic loss suffered by the spouse \u2013 and only the spouse \u2013 of an injury victim. A jury may award these individuals compensation in a personal injury or wrongful death case.How to Prove Loss of Consortium in New JerseyA loss of consortium claim can compensate the legally married spouse of a victim whose injury or death resulted from someone else\u2019s negligence. To prove a loss of consortium claim in New Jersey, the plaintiff must show that they suffered a genuine loss of the intangible benefits of their relationship with their spouse. Lost relational benefits include:\u25cf Companionship \u2013 The loss of the ability to spend time with the injured person and share experiences\u25cf Love and affection \u2013 The loss of emotional support, physical affection, and marital intimacy\u25cf Comfort and solace \u2013 The loss of emotional comfort and support during difficult times\u25cf Household services \u2013 The loss of help with household chores and tasks that the injured person would have performed, including the new chores the spouse must now handleTo establish these losses, a plaintiff must present evidence such as:\u25cf Testimony from the spouse and other family members about the nature and quality of their relationship with the plaintiff before and after the injury\u25cf Medical records and expert testimony about the nature and extent of the injury and its impact on the victim\u2019s ability to provide companionship, love, and services\u25cf Documentation of the spouse\u2019s own emotional and psychological distress resulting from the loss of consortiumWhat Compensation Can I Get for a Loss of Consortium Claim in New Jersey?In New Jersey, compensation for a loss of consortium claim is for monetary damages \u2013 meaning it compensates for intangible losses such as emotional distress, pain and suffering, and loss of enjoyment of life. Here is what a New Jersey Judge instructs a Jury regarding the New Jersey loss of consortium law before they deliberate and return a jury verdict for loss of consortium.New Jersey Jury Instruction: Damages \u2014 Per Quod Loss Of Spouse’s Services, Society And ConsortiumA husband\/wife is entitled to the services of his\/her spouse in attending to the household duties, to companionship and comfort, and consortium, that is, marital relations. A plaintiff who is awarded a verdict is entitled to fair and reasonable compensation for any loss of impairment of his or her spouse’s services, society or consortium because of injuries sustained by him or her as a proximate result of the defendant’s negligence (or other wrongdoing). Damages may be awarded not only for total loss of services but for a worsening of their quality. [If appropriate the judge may charge,] Damages may include but are not limited to out-of-pocket expenses incurred in engaging the services of others to perform household duties previously attended to by his or her spouse.The amount of compensation recoverable in a loss of consortium claim depends on the circumstances of the case, including the severity of the injury and the impact on the spouse\u2019s relationship with the injured person. Economic losses can be brought that include a spouse\u2019s obligation to return to the workforce, the cost of additional domestic help, and other expenses.Some factors in determining the dollar amount of damages for loss of consortium include:The nature and extent of the victim\u2019s injuriesThe length of time the injured person is expected to be impairedThe injured person\u2019s ageThe quality of the relationship between the spouse and the injured person before the injuryThe extent of the spouse\u2019s emotional and psychological distress resulting from the loss of consortiumNew Jersey law does not impose a specific cap on the amount of loss of consortium compensation. A jury will weigh the evidence to determine the money a plaintiff may receive for a loss of consortium claim.How to Handle a Loss of Consortium Claim in New JerseyIf you or your spouse suffered a serious injury, it\u2019s essential to consult with an experienced personal injury lawyer to evaluate your case and advise you on your options.\u00a0Here are some steps you can take to handle a loss of consortium claim in New Jersey:Seek medical attention \u2013\u00a0The victim should get the appropriate medical care immediately. This will help establish the nature and extent of their injuries and the impact on their ability to provide companionship, love, and services.Gather evidence \u2013\u00a0Your attorney will need proof to demonstrate your claims, such as medical records, witness statements, and marriage records. Collect as much evidence as possible to help your attorney support your case.File your claim \u2013\u00a0Your attorney will file your claim with the appropriate court in New Jersey and serve the defendant with a copy of the petition.Attend mediation or settlement negotiations \u2013\u00a0Mediation or settlement negotiations resolve many cases, so be prepared to attend these proceedings with your attorney to work towards a fair resolution.Prepare for trial \u2013\u00a0If the defendant or their insurer does not offer you a fair settlement, your attorney must prepare for trial.Stay informed \u2013\u00a0Keep in touch with your attorney and stay informed about your case. Ask questions if you have any concerns or are unsure about any aspect of the case.Talk to the Attorneys at Davis, Saperstein & Salomon, P.C. About Your Loss of Consortium ClaimWhen choosing an attorney to handle your loss of consortium claim, consider their experience, reputation, and track record of success with similar cases.Davis, Saperstein & Salomon, P.C. was established in 1981 and has provided legal services to residents of New Jersey and New York for over 40 years. Our team of more than 30 personal injury attorneys has extensive experience handling personal injury cases, including those with loss of consortium claims. We have locations across New York and New Jersey and can meet with you over the phone or via video chat at your convenience. We also have Spanish-speaking attorneys and can provide translators in many other languages.At Davis, Saperstein & Salomon, P.C., we are proud of having secured over $1 billion in verdicts and settlements for clients to date. Find out how we can help with your loss of consortium claim when you call or contact us online for a free consultation.About the AuthorLatest PostsDavis, Saperstein & Salomon, P.C.Since 1981, the compassionate personal injury lawyers at Davis, Saperstein & Salomon have been delivering results for our deserving clients. We are solely committed to helping injured individuals, never representing corporations.\u00a0No matter how large or small your personal injury case is, you can trust that it is important to us.NYC Construction Accident - The Dangers of Jobsite Falls and Workers' RightsSteven Benvenisti Advocates for HALT Drunk Driving LawDavis, Saperstein & Salomon, P.C. 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