What does loss of consortium mean?
A spouse may have a related claim when another person's negligence seriously affects the marital relationship. In New Jersey, this is commonly called a per quod or loss of consortium claim. It concerns the spouse's own loss of services and companionship resulting from the injured person's condition. It is separate from simply repeating the injured person's medical claim.
An injury's effect on a marriage deserves to be understood with care and respect. A household may look as though it is managing while the couple has had to change much of daily life. Understanding those changes is part of evaluating whether a spousal claim is supported.
The claim is also derivative. In practical terms, it depends on the underlying injury claim and can be affected by defenses to that claim. Adding a spouse does not create an automatic additional payment or remove questions about responsibility for the accident.
Start with what changed between the two of you
I would ask about the relationship before the injury and the changes afterward. That might include a shift in ordinary household responsibilities or a meaningful change in companionship. The point is to understand your particular marriage, not to ask every couple to fit the same description.
Specific facts usually explain the issue better than broad labels. If one spouse previously handled a recurring responsibility and the other now has to arrange help, explain that change. If recovery has affected time the couple ordinarily spent together, describe the actual experience. Ordinary language is sufficient.
The account should include improvement as well as ongoing difficulty. An injury can cause a substantial disruption even when some aspects of life later return to normal. Giving an accurate time frame helps show the extent of the loss without suggesting that every problem has lasted indefinitely.
Support is not the same as becoming a party
A spouse can provide useful information about an injured person's recovery without necessarily bringing an individual claim. Serving as a witness and being a named plaintiff are different roles. We should discuss whether the evidence supports the additional claim and what participation it would involve.
A spouse who becomes a plaintiff may need to answer written questions and give testimony about the claimed effects on the relationship. That should be explained before the decision is made. It is reasonable to ask what subjects are likely to arise and how private information will be handled.
You should not feel that describing a difficult period requires disclosing every detail of your marriage to everyone involved. Relevance and appropriate discovery protections matter. At the same time, information directly related to the claimed loss may need to be addressed. We can discuss those boundaries candidly.
Different losses need to be kept distinct
The injured person's claim may include pain and limitations in daily activities. A spousal claim concerns the other spouse's related loss. Those issues can arise from the same facts, but the presentation should avoid treating them as interchangeable or counting the same item twice.
Paid assistance raises another question. A bill for necessary help may belong in a different category of damages from loss of companionship. We should identify who incurred the expense and what the payment covered before deciding how it fits into the case.
The New Jersey model jury charge addressing a spouse's services, society and consortium provides a useful framework. Applying it still requires evidence about the particular relationship and the effects attributable to the injury. A marriage certificate alone does not establish the extent of damages.
Insurance and settlement deserve a joint explanation
Insurance limits can affect both claims. Depending on the policy, related spousal damages may fall within the limit applicable to the bodily injury rather than create a separate limit. We need the policy language before making assumptions about available coverage.
A settlement also requires attention to whose claims are being released. Before either spouse signs, the agreement should be reviewed with an understanding of its scope. A document intended to resolve all related claims may have consequences beyond the injured person's medical expenses.
Where both spouses are clients, their interests and decisions need to be addressed properly. If a disagreement or conflict develops, it cannot simply be ignored because the claims arise from the same accident. Clear communication at the beginning helps identify those issues before a settlement is ready to be finalized.
Discuss the possibility early
The timing of a marriage and the timing of the injury can matter. Deadlines also require attention. Do not assume a spouse can wait until the injured person's case is over and then begin a separate claim. We should evaluate the issue while the underlying claim is being prepared.
A short account of the changes at home is a useful starting point. You do not need to make the account sound dramatic. The facts may be significant precisely because they concern ordinary responsibilities and time together that the couple previously took for granted.
My approach is to explain the option, the evidence it would require and the practical consequences of pursuing it. A spousal claim should serve a supported purpose in the case. You and your spouse should understand that purpose before deciding how to proceed.
Sources and Further Reading
About Michael B. Fusco
Michael B. Fusco is a New Jersey personal injury attorney certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Read Mike’s biography and credentials.
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This article provides general information, not legal advice for a particular situation. Laws and policy terms must be applied to the actual facts. Reading this article or contacting the firm does not, by itself, create an attorney-client relationship.