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

When A Family Member Receives Injuries In An Accident

If a family member is injured in a car accident, the effects of the injury can be expressed legally in several 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. And a victim's spouse, who may not have been physically hurt but has been directly affected by the accident, can make a loss of consortium claim.

Find out all of your legal options by speaking with a knowledgeable personal injury attorney.

Loss Of Consortium Claims

For anyone who has seen a loved one recover from an injury, it can be a harrowing process, not in the 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 unable to do so because of an injury or a medical procedure they underwent, your life can be greatly disrupted. For this reason, New Jersey allows for loss of consortium claims allowing for family members to recover.

A Loved One's Loss Has An Impact On Others

Anytime someone is hurt, there may be consequences that affect not just the injured. Loved ones are also impacted when a member of the 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 that 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

It hasn't been tested in the courts as to whether same-sex couples 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.

For further information, contact the Law Offices of John Morelli in Cherry Hill by calling 856-528-3205 to set up an appointment with a lawyer. You can also contact us by email.

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