When a Buffalo resident suffers a personal injury, it not only affects their lives, but their family. Fortunately, when a spouse suffers because of injury to a husband or wife, New York State law allows that spouse to bring an additional claim in a personal injury lawsuit.
A claim by a spouse for monetary damages is referred to as a claim for loss of consortium. It may be made when, as a result of his or her injuries, an injured person is rendered incapable of providing his or her spouse with services – such as cooking, maintaining the household, etc. – companionship, love, affection and sexual relations at the same level as before the accident.
Claims for loss of consortium usually are sued in conjunction with the claims being brought by the injured spouse. In such a case, the personal injury attorney representing the spouse will not only seek monetary compensation for the victim’s injuries and resulting limitations, but also for the spouse based on the additional burdens placed on him or her. There is no need to have a separate attorney or file a separate lawsuit.
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