Legal Question in Personal Injury in New York
My wife was in a car accident in Jan. She is still undergoing PT for this and is still in a good amount of pain. This has had a serious effect on our personal relationship as her injuries have affected her enjoyment. Can I as he husband seek compensation for this as well?
2 Answers from Attorneys
Yes. Classically refered to as a loss of consortium your claims are recognised in NY law. The derivitive claims you mention should definitely be part of any lawsuit of this sort and should be specifically included in the complaint. Of course your claims arise from your wife's injuries so proof and documentation of those injuries is vital to success in the case.
Of course. Assuming you are legally married, the uninjured spouse may claim a loss of services, temporary or permanent, depending, owing to the injuries suffered by the other. This can range from household chores to conjugal relations, etc. When starting the lawsuit, be sure to have the lost services claim made a part of it. Best, M. E. Zuller