Legal Question in Personal Injury in New York
loss of consortium
my wife and I were engaged and she was 14 weeks pregnant when we were rearended. I want to know if we are able to sue for the loss of consortium as a result of the accident & especially now that I have had a disc replacement surgery and have to wear a back brace for the next 3 to 6 months.
1 Answer from Attorneys
Re: loss of consortium
You have a case that will attract attorneys like moths to a flame. I hope your back recovers well.
In my opinion, based on Massachusetts law currently you need to be married to bring a claim for loss of consortium in the situation you described.
You should also watch out for the potential conflict between the driver & passenger. This comes up in the situation where the obvious wrongdoer does not have enough insurance coverage - as is often the case.
There are time deadlines for cases. You should consult a lawyer.
Best wishes.
Charles W. Cobb
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