Mike’s Quick Answer
It depends on marital status, the underlying liability case, and the actual effect on the relationship, but a husband or wife may often bring a related New Jersey per quod or loss-of-consortium claim. Marriage alone is not enough. The spouse must prove a real loss caused by the defendant's injury to the other spouse.
The Claim Belongs to the Other Spouse
The non-injured spouse is not merely a witness to pain. That spouse may have a personal claim for the marital consequences of the injury.
The claim should be identified early because pleadings, releases, discovery, and limitation issues may affect it.
Concrete Changes Make the Claim Understandable
Evidence may include new caregiving duties, household tasks, missed traditions, reduced social life, changed parenting, loss of affection, or disruption of intimacy. A simple statement that life was harder may not communicate the loss.
The comparison is generally between the marital relationship before and after the incident, while accounting honestly for earlier health or relationship issues.
Adding a Claim Has Consequences
The spouse may receive interrogatories, produce relevant records, sit for a deposition, attend mediation, and testify. Sensitive relationship questions can become discoverable within appropriate limits.
Mike can discuss whether the likely value and importance justify those burdens. No spouse should be added automatically.
Frequently Asked Questions
Can an unmarried partner bring the same claim?
It depends on the legal relationship and recognized cause of action. A long and committed partnership should not be assumed to receive the same treatment as a marriage under current New Jersey law.
What if we married after the accident?
It depends on timing and governing law. The relationship status when the injury occurred can be significant and should be reviewed before pleading a claim.
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.