Personal Injuries Stemming from a Spouse’s Personal Injuries
Massachusetts law recognizes personal injury claims bases on loss of consortium. A loss of consortium claim is "derivative" in that it stems from the personal injuries of the other spouse. For example, for a man who is seriously and permanently injured in a Massachusetts car accident, his wife is "indirectly" injured in that she can no longer enjoy the companionship of her husband to the extent she could before the car accident. She is also unable to enjoy the companionship and intimacy with her husband she enjoyed before the accident.
Massachusetts personal injury victims oftentimes are married and that opens up the door for a loss of consortium claim for the other spouse. Damages in these claims are usually difficulty to quantify. Notwithstanding that, if your spouse has been injured in a Massachusetts accident, be aware that you may have a loss of consortium claim stemming from that accident, and the impact that accident has occasioned to your relationship with your spouse.