Understanding ‘Loss of Consortium’ Claims in New Jersey

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When your spouse suffers a serious injury, the consequences are rarely limited to the person hurt. The injury may damage your relationship, shift family responsibilities, eliminate intimacy, and create emotional isolation. For many couples, the trauma reshapes the very fabric of their marriage.

New Jersey law recognizes this reality. Through what is known as a loss of consortium claim, a spouse may be entitled to seek compensation for the personal, emotional, and relational losses experienced as a result of their partner’s injury.

Understanding the Basics: What Is a Loss of Consortium Claim?

Definition and Legal Concept

A loss of consortium claim allows the uninjured spouse to seek damages for harm to the marital relationship. These are not financial or physical injuries, but personal and emotional ones—such as loss of affection, support, companionship, and intimacy. The claim is available under New Jersey tort law and is most commonly filed alongside a personal injury lawsuit.

Derivative Nature of the Claim

This type of claim is derivative, meaning it is not an independent lawsuit. Instead, it is filed in connection with the injured spouse’s personal injury case. If the primary claim is unsuccessful, the loss of consortium claim cannot move forward.

Real-Life Application

For example, if your spouse was severely injured in a car accident and you are now emotionally distanced, struggling with physical intimacy, and carrying extra burdens at home, you may qualify for compensation for these deeply personal losses.

Who Is Eligible to File a Loss of Consortium Claim in NJ?

Legal Marriage Requirement

To qualify, the person filing must be legally married to the injured party at the time of the accident. Unmarried partners, regardless of how long they’ve been together, are not eligible under current New Jersey law.

Same-Sex Spouses and Civil Partnerships

Same-sex couples who are legally married in New Jersey have the same rights to file a consortium claim as heterosexual couples. However, domestic partnerships or civil unions that are not recognized as full marriages under state law may not qualify.

Separated or Estranged Couples

If the marriage was in decline, or if the couple was living apart or separated before the injury occurred, that history may complicate or disqualify the claim. Courts will look at the quality of the relationship before the injury as part of their evaluation.

What Losses Can Be Compensated?

Emotional and Relational Harm

Loss of consortium damages are focused on the non-economic aspects of the relationship. These include the loss of affection, companionship, emotional intimacy, and sexual relations. These damages also cover the mental anguish and emotional stress caused by the injury’s impact on the marriage.

Disruption of Daily Life

Many spouses face an increased burden in caring for the injured partner, managing household responsibilities, and coping with long-term relationship changes. The law acknowledges these day-to-day effects as part of the emotional toll a spouse endures.

No Cap or Formula for Compensation

Unlike medical bills or lost wages, there is no fixed amount or formula for valuing consortium damages. Courts and juries make decisions based on the evidence presented, often taking into account the age of the couple, length of marriage, injury severity, and emotional testimony.

How to Prove a Loss of Consortium Claim

Personal Testimony

The most powerful evidence often comes from the uninjured spouse’s own words. You will need to clearly describe how your relationship has changed since the injury. This might include a loss of emotional closeness, increased distance, anxiety, depression, or inability to maintain physical intimacy.

Statements from Others

Testimony from family members, friends, or counselors can provide important support. These individuals may confirm how your marital relationship changed after the injury, strengthening your credibility in the eyes of the court.

Medical and Psychological Records

Medical records of your spouse’s injury and recovery journey can help connect the physical harm to the emotional consequences. In addition, counseling records or expert opinions from therapists can show the depth of emotional damage caused by the injury.

Visual or Written Evidence

Some couples have used letters, emails, or journals to support their claims. These documents can show the slow decline of emotional connection, struggles with daily life, and efforts to keep the relationship strong despite the injury.

Why Is Loss of Consortium Considered a Derivative Claim?

Dependent on Primary Injury Case

Because the consortium claim is directly tied to the injured spouse’s case, it cannot proceed on its own. If your spouse does not win their personal injury lawsuit—either through settlement or court verdict—then you cannot recover any consortium damages, no matter how real your suffering may be.

Must Be Filed Together

You cannot wait and file your claim later. The loss of consortium claim must be brought within the same case and legal timeframe as your spouse’s injury lawsuit. Timing and legal coordination are key, which is why having an attorney manage both claims is so important.

How New Jersey Courts View Loss of Consortium

Growing Recognition of Emotional Loss

Historically, some courts viewed consortium claims with skepticism. However, over the last two decades, New Jersey case law has shown increasing recognition of emotional and relational loss as a valid form of damage.

Examples from Serious Injury Cases

Courts are especially receptive when the injured spouse has suffered a permanent or life-altering condition. In cases involving spinal injuries, traumatic brain injuries, amputations, or chronic pain, consortium claims have resulted in substantial awards due to the ongoing emotional and relational toll.

Common Challenges in Proving Loss of Consortium

Emotional Evidence Is Hard to Quantify

Emotional and relational damages are highly personal and can be difficult for courts to measure objectively. Unlike physical injuries, there are no scans or tests to show a loss of companionship or sexual intimacy.

Risk of Invasive Questioning

Some spouses may find it emotionally difficult to discuss private matters, such as their sex life or emotional state, in a legal setting. Defense attorneys may use these moments to undermine your credibility or imply pre-existing issues in the marriage.

Jury Bias and Public Perception

Not all jurors view emotional suffering the same way. Some may be hesitant to award money for something they see as subjective or emotionally vague. This makes the presentation of your story—through credible, well-documented testimony—all the more crucial.

Why This Legal Claim Matters

Being the spouse of someone who has been seriously injured is emotionally devastating. You may feel alone, forgotten, or burdened by responsibilities that weren’t yours before. The law understands that your suffering is real—even if it doesn’t show up on a medical report.

Loss of consortium claims offer spouses the recognition and compensation they deserve. They are a vital part of personal injury law in New Jersey and an important option for couples whose lives have been permanently changed by trauma or negligence.

Frequently Asked Questions About Loss of Consortium Claims in New Jersey

Can I file a loss of consortium claim if I wasn’t physically injured?
Yes, you can. A loss of consortium claim is specifically designed for the uninjured spouse of the person who was harmed. You don’t need to have sustained any physical injuries yourself. What matters is that your marital relationship has been negatively affected by your spouse’s injury—emotionally, physically, or both. You can seek compensation for things like the loss of companionship, affection, intimacy, and emotional support.

Does New Jersey allow unmarried partners to file for loss of consortium?
No. Under current New Jersey law, only individuals who were legally married to the injured party at the time of the accident are eligible to file a loss of consortium claim. Domestic partners, fiancés, or long-term romantic companions who are not legally married do not qualify, even if the relationship was committed or long-standing.

How much can I recover for a loss of consortium claim in New Jersey?
There is no fixed dollar amount for a loss of consortium claim in New Jersey. Compensation varies depending on the severity of your spouse’s injury, how deeply it has affected your relationship, and the strength of the evidence you provide. Juries or judges will evaluate your testimony and supporting documentation to determine an appropriate award. While some claims may settle for modest amounts, others involving long-term or catastrophic injury can result in substantial non-economic damages.

Is sexual intimacy part of a loss of consortium claim?
Yes, it is. One of the central aspects of a loss of consortium claim is the disruption or total loss of physical intimacy between spouses. If your spouse’s injury has made it difficult or impossible to maintain a sexual relationship, this can form part of your claim. Courts in New Jersey have recognized this as a valid, compensable form of harm within a marriage affected by serious injury.

What kind of evidence do I need to support my claim?
The most important evidence includes testimony from both you and your spouse about the changes in your relationship, as well as any supporting statements from friends, relatives, or therapists. You may also use medical records, counseling notes, or even personal journals and communications to demonstrate the emotional and relational impact of the injury. The more specific, credible, and consistent your evidence is, the more likely your claim will be successful.

Contact The Epstein Law Firm, P.A., Today

If your relationship has suffered due to your spouse’s injury, don’t wait. Talk to a qualified New Jersey personal injury attorney to find out if you can file a loss of consortium claim. An experienced lawyer will guide you through the process, protect your rights, and help ensure your emotional losses are given the value they deserve. Contact The Epstein Law Firm, P.A., today for a free consultation.