Mike’s Quick Answer
It depends on the relationship and actual effect of the injury, but in a New Jersey personal injury case a per quod claim commonly refers to the non-injured spouse's derivative claim for loss of the injured spouse's services, society, companionship, comfort, and marital consortium. It is separate from the injured spouse's damages but usually depends on the validity of the underlying injury claim.
The Injury Can Affect Two People Differently
The injured spouse claims personal pain, disability, wage loss, and other recoverable damages. The other spouse may claim the loss or reduction of marital benefits caused by that injury.
Examples can include taking over household work, losing companionship, changes in intimacy, caregiving demands, disrupted parenting routines, and loss of shared activities.
Per Quod Is a Derivative Claim
Because the claim arises from injury to the spouse, defenses to the main case can affect it. Comparative negligence, causation, liability, releases, limitations, and proof of injury may reduce or defeat both claims.
The spouse may need to be named in the lawsuit, answer discovery, and testify. Omitting the claim at the beginning can create procedural issues later.
Privacy and Proportionality Matter
A consortium claim can place aspects of the marriage in issue. The couple should discuss what was actually lost, what they are comfortable proving, and what discovery may follow.
Mike can explain the legal claim and prepare both spouses without turning normal marital inconvenience into exaggerated damages.
Frequently Asked Questions
Is per quod the injured person's claim?
It depends on usage, but in New Jersey injury practice it commonly identifies the spouse's related claim, while the injured person asserts the primary bodily-injury claim.
Does the spouse receive a separate check?
It depends on settlement structure, release terms, liens, and allocation. A separate legal claim does not guarantee a separately stated payment.
Sources and Further Reading
Important
This article provides general New Jersey information and is not legal advice. Every matter depends on its facts, policy language, deadlines, and applicable law. Medical questions should be discussed with a licensed physician. Tax questions should be discussed with a qualified tax professional.