Legal Question in Personal Injury in New Jersey

Re: Spouses right to file suit

You and your wife can bring a claim. You wife would have a claim for her personal injuries and you would have a right to bring a "per qoud" claim or claim for loss of consortium. The law recognizes that when one spouse is hurt, it impacts the other such as loss of the spouses services, additional burden and loss of those personal activities.

Your right is deriviative of hers. That means that she has to have a valid claim in order for you to make one. Also, it is generally recognized that it is a pendant claim, meaning that it has to be brought in the same action as any claim by your wife.

We can certainly assist you in evaluating the claim and filing suit if necessary and legally supported. There is an additional issue of hte lawsuit threshold which means that the injury has to qualify typically. Some people have no threshold, which means that htere is an unlimited right to sue. We would help you determine which applies.

Pleease feel free to call to discuss this matter. I can be reached at 800-34 NJ LAW.

Re: Spouses right to file suit

Your claim for "per Quod" damages, are derivative in nature and only result from your spouse having a claim. If she does not make a claim, you have none. It sounds as if she has representation. You should let the attorney know thatyou want to pursue an action for your loss of consortium.

Re: Spouses right to file suit

Yes, you can also make a claim for loss of services against the driver. Usually these claims are presented together in the same lawsuit as separate causes of action (the injured party's claim and the spouse's claim). This should be discussed with your attorney if you already have one. If not, I am available to discuss this further with you, as my firm handles these types of cases.