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Law Offices of John Morelli
A Personal Injury Firm Serving All Of South Jersey

A Family Member Has Been Injured In An Auto Accident

If a family member were to be unfortunately injured in a car accident, the effects of their injury can be expressed legally in several different ways. They could potentially make a claim on the basis of several reasons, including lost wages, lost earning capacity, the cost of medical expenses, and even punitive damages. But, for their spouse, who may not have been physically hurt but has been directly affected by the accident, they are entitled to make what is called a "Loss of Consortium" claim.

Loss of Consortium Claims in New Jersey

For anyone who has seen a loved one recover from an injury, it can be a harrowing process not least due to the emotional difficulties in seeing them hurt. People do not live in cocoons, we are generally social animals who strive for companionship, friendship, and contact with others. When someone else in your family is affected by something, indirectly so are you. If interacting with that person in a certain way was part of your daily, weekly, monthly routine, and you are now no longer able to do so because of an injury or a medical procedure they underwent, your life can be greatly disrupted.

Loved One's Loss Impact on Others

Anytime someone is hurt, there may be consequences which affect not just to the injured. Loved ones are also impacted when a member of their family cannot function as they previously could. It's possible a husband or a wife can feel a loss of intimacy due to the other's injuries. A loss of companionship can have dramatic reverberations which can be difficult for some to understand. That's why the law in New Jersey has instituted "Loss of Consortium" claims specifically to address these issues. When a loved one is hurt, their spouse could be entitled to file a "Loss of Consortium" claim to receive compensation for the losses felt by another's injury.

Loss of Consortium Claims for Same-Sex Couples

While New Jersey recently implemented Civil Unions for same-sex couples, it hasn't been tested in the courts as to whether they would be eligible for "Loss of Consortium" claims. But, it is our prevailing view due to the Equality of Opportunities Act that they would certainly be covered and we would fight for any clients who were denied such a claim.

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