Is There Loss of Consortium Related to a New Jersey Car Accident?
Yes, there can be a case for loss of consortium that is related to personal injures as the result of a New Jersey car accident. After a car accident, a person can experience personal injuries that are painful, difficult to heal from, or that are permanent in nature causing a disability. All people react differently to healing after a car accident, and some people never heal from losses and damages related to a car crash. If an individual is injured bad enough in a car accident, the person may not want or cannot have personal and intimate marital relations with a spouse afterwards. The reason for the disassociated closeness may be because of a loss of caring and affection, being in pain all the time from accident injuries, not being full of life and joy after the accident, experiencing nightmares related to the accident, or not wanting to share in the companionship, comfort or love of a spouse because of depression related to the accident.
Loss of Consortium & Personal Injury Claims
If a person has a loss of consortium claim, it is related directly to the personal injuries. Any compensation package that allows recovery of compensation for the personal injuries sustained in an accident, will include loss of consortium in the settlement package. It can be difficult to determine the value of a loss of consortium claim, especially when a person is surviving feelings after a serious car crash, or if there was a spouse killed in the accident as well.
The claim of loss of consortium is often not considered as a serious claim by some insurance companies. They are certainly not in the shoes of the person who feels the loss, and who is unable to return to a “normal” life after an accident. It is important to verify and bring attention to any changes in sleep, eating patterns, or other quality of life factors that have occurred after the accident, to show a relation to the accident and the new symptoms of pain or loss of joy for life related to a loss of consortium claim.
When working to prove a loss of consortium claim, some work will need to be done to verify that there is a change in the way the person involved in the accident feels after the accident, as compared to before the loss. If the individual was in a loving marriage beforehand, but now feels less of a joy for life because of constant pain and an injury from the car accident, it can show that there is a valid claim for loss of consortium. If a person in a car accident is unable to continue taking on the duties to care for a spouse, for rearing children, cooking and household chores, and is unable to manage daily life after the accident, it goes towards proof of a loss of consortium claim being verified.
New Jersey Car Accident Law Firm
If you have experienced loss of consortium in relation to a car accident, call Sarofiem & Antoun at (201) 792–3333. Our goal as your lawyers is to get you the most money possible following your accident and have that compensation fully reflect the impact the crash has had on your life, including loss of consortium. We are able to talk to you about your case, and can explain the next steps to receiving a full recovery compensation package for your case.