One common reason for a loss of companionship is a spouse’s inability to complete household tasks. Many married couples share household chores and walk the foothills behind their home before work. If a spouse becomes injured in an accident, they may no longer be able to participate in this ritual. In addition, the injured spouse may not be able to contribute to the care of children. Such losses lead to a loss of companionship because the injured spouse is not able to provide the same level of companionship that they had before.
Loss of companionship is often included in wrongful death cases, because of its non-economic value. Because of this, a court may be inclined to award excessive compensation. But some states have imposed a cap on the amount of compensation a spouse may be awarded for loss of companionship. It is important to note that each state handles wrongful death cases differently. Therefore, a person pursuing a loss of companionship claim should seek legal counsel before making a decision.
Traditionally, loss of consortium claims were available only to spouses. However, states have started to recognize loss of consortium claims in other relationships, such as child-parent relationships, siblings, and unmarried couples. Unfortunately, New York has been reluctant to adopt this change. The change in New York has stymied these claims for many years. So, you may not be eligible for a loss of companionship claim in New York if your partner suffers a disabling condition or injury.