Can I Recover Damages In New Orleans If My Spouse Was Seriously Injured In An Accident?

When a New Orleans resident suffers a serious personal injury, his or her spouse also suffers. Under Louisiana law, a spouse may make a claim for monetary damages based on what is termed a “loss of consortium”. There are seven categories under which a spouse may make this claim: (1) loss of love and affection, (2) loss of society and companionship, (3) impairment of sexual relations, (4) loss of performance of material services, (5) loss of financial support, (6) loss of aid and assistance, and (7) loss of fidelity.

These categories can cover a variety of circumstances. For example, a man who performs most of the yard work at his home seriously injures his back in an automobile accident. He is no longer able to perform these duties, and his wife must now do them. When his personal injury lawsuit is filed, his attorney also may seek financial compensation for his wife based on the additional burden her husband’s injuries have placed on her.

There is a large variety of circumstances that may give rise to a claim for loss of consortium. If your spouse has been injured as a result of anothers negligence, you should contact an experienced personal injury attorney who can provide you with guidance about whether you have an additional claim under loss of consortium.

If your spouse has been injured and you have questions regarding your rights, please call the Gertler Law Firm at (504) 527-8767. We can answer your questions.