Legal Question in Civil Litigation in New Jersey
Can a divorce be considered damages in a law suit
My sister was beat up and raped in her apartment near Atlantic City. She went through allot of psyciatric care and is still on heavy medications. She has refused to sleep with my brother-in-law and she irrationally blames him for causing the assualt, becasue he didn't protect her. He has tried to stay with her, but as he told our family he can't take it any more.
They have filed a law suit against the landlord, and we are wondering if they can claim the divorce as damages in her law suit. They were such a loving couple before this and my Mom thinks some one should pay for destroying the marriage. Also my sister will be getting some support from my brother-in-law but it is not going to be like the support she would be entitled to if she was still his wife.
2 Answers from Attorneys
Re: Can a divorce be considered damages in a law suit
they can and should. IT is a derivative claim of her claim but it is for loss of love and affection
Re: Can a divorce be considered damages in a law suit
Yes, under the law a spouse can claim such damages as noted below
6.12 DAMAGES -- PER QUOD (cont.)
B. Loss of Spouse's Services, Society and Consortium (2/96)
A husband/wife is entitled to the services of his/her spouse in attending to the household duties, to companionship and comfort, and consortium, that is, marital relations. A plaintiff who is awarded a verdict is entitled to fair and reasonable compensation for any loss of impairment of his or her spouse's services, society or consortium because of injuries sustained by him or her as a proximate result of the defendant's negligence (or other wrongdoing). Damages may be awarded not only for total loss of services but for a worsening of their quality.
[If appropriate the judge may charge,] Damages may include but are not limited to out of pocket expenses incurred in engaging the services of others to perform household duties previously attended to by his or her spouse.
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