Loss of consortium is the loss of or decrease in sexual activity between spouses as a result of a personal injury to one of the spouses.
Usually loss of consortium will refer to legally married couples, though there has been a push in recent years to include same sex couples and couples that are not married but have been in a committed relationship for a long time. It should be noted that when loss of consortium is claimed in court, the couple's sex life is fair game to attorneys for the opposing side, which may give many couples pause when going forward with a loss of consortium claim.
Loss of consortium can also occur if one spouse is not able to perform regular duties around the house such as parental guidance of children or losing out on activities such as camaraderie with children, siblings or other extended family members.
The spouse of the injured party may also bring forward a lawsuit for loss of consortium even though they were not directly injured. Sometimes this will lead to a quicker settlement since the defendant may be worried about a larger judgment when two trials are threatened.
Contact NY Accident Lawyers Goidel and Siegel for legal advice.
We handle personal injury cases exclusively, and our knowledge of this area of the law is extensive.
We have represented victims of serious accidents and assaults for more than 17 years.
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