In Bergen County, a loss of consortium claim under New Jersey law allows a spouse to recover damages for the loss of spousal companionship and intimacy after a serious injury. Law Offices Of SRIS, P.C. has handled numerous personal injury cases in Bergen County. Call (888) 437-7747 today.
Loss of Consortium Lawyer in Bergen County, NJ — Recovering Damages for Your Family
What Is a Loss of Consortium Claim in New Jersey?
A loss of consortium claim is a derivative action brought by the spouse of an injured person. It seeks compensation for the loss of spousal companionship, affection, intimacy, and household services caused by the defendant’s negligence. Under New Jersey law, this claim is tied to the underlying personal injury action. The spouse must prove that the injured party’s physical condition directly caused the loss of consortium. This claim is separate from the injured party’s own claim for pain and suffering or medical expenses. The Loss of Consortium Lawyer Bergen County team at SRIS, P.C. understands the specific requirements for filing these claims in the Superior Court of NJ, Bergen Vicinage.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | njcourts.gov/courts/vicinages/bergen
Loss of Consortium Under New Jersey Law
Loss of consortium is a specific legal claim recognized under New Jersey common law and codified in the New Jersey Comparative Negligence Act (N.J.S.A. 2A:15-5.1 et seq.). The claim allows a spouse to recover damages for the loss of spousal companionship, affection, and intimacy. A loss of spousal companionship lawyer Bergen County can help you understand how this claim interacts with the primary personal injury case. The claim is derivative, meaning it depends on the success of the underlying injury claim. If the injured party cannot recover, the consortium claim also fails.
External Resources for Loss of Consortium Claims
- Superior Court of NJ, Bergen Vicinage — Official Court Website
- New Jersey Legislature — Official Statutes (N.J.S.A.)
Insider Procedural Edge: Filing a Loss of Consortium Claim in Bergen County
In Bergen County, loss of consortium claims are filed alongside the primary personal injury action in the Superior Court of NJ, Bergen Vicinage. The court requires specific evidence of the marital relationship and the impact of the injury on that relationship. A consortium claim lawyer Bergen County can help gather the necessary documentation.
- Step 1: File the underlying personal injury complaint in the Superior Court of NJ, Bergen Vicinage.
- Step 2: Include the loss of consortium claim as a separate count in the complaint.
- Step 3: Gather evidence of the marital relationship, including wedding certificates, joint financial records, and affidavits from family and friends.
- Step 4: Obtain medical records and experienced testimony documenting the extent of the injury and its impact on the marital relationship.
- Step 5: Participate in mandatory arbitration if the case is under $20,000, or proceed to trial by jury.
- Step 6: Present the consortium claim to the jury, emphasizing the loss of spousal companionship and intimacy.
In Bergen County, a loss of consortium claim seeks damages for the loss of spousal companionship, affection, and intimacy. Damages are not capped in New Jersey for personal injury cases.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Loss of Consortium (Derivative Claim) | Civil Claim | N/A | N/A | N/A | Damages for loss of companionship, affection, intimacy, and household services |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your Loss of Consortium Claim?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes. Mr. Sris personally amended Va. Code § 20-107.3, demonstrating his deep understanding of family and personal injury law. Our team is committed to helping families recover the compensation they deserve for the loss of spousal companionship.
Case Results
Firm-wide, Law Offices Of SRIS, P.C. has handled 4,739+ documented case results with over 93% favorable outcomes. These results span personal injury, family law, criminal defense, and other practice areas across Virginia, Maryland, New Jersey, New York, and Washington D.C.
Results may vary. Prior results do not guarantee a similar outcome.
Our Bergen County Location
Our New Jersey location serves clients at Bergen County courts. We are accessible via I-80, NJ Turnpike, Route 17, Route 4, Route 46, GW Bridge, and GSP.
Loss of consortium lawyer near Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, and Lyndhurst.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
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Frequently Asked Questions About Loss of Consortium Claims in Bergen County
What is a loss of consortium claim in New Jersey?
Yes. A loss of consortium claim allows a spouse to recover damages for the loss of spousal companionship, affection, and intimacy caused by a defendant’s negligence. It is a derivative claim tied to the underlying personal injury action.
Who can file a loss of consortium claim in Bergen County?
Only the spouse of the injured person can file a loss of consortium claim in New Jersey. The claim is derivative, meaning it depends on the success of the underlying personal injury case.
What damages can I recover for loss of consortium in New Jersey?
Damages for loss of consortium in New Jersey include compensation for loss of spousal companionship, affection, intimacy, and household services. There are no statutory caps on these damages in personal injury cases.
How long do I have to file a loss of consortium claim in New Jersey?
You have two years from the date of the injury to file a loss of consortium claim in New Jersey. This is the same statute of limitations as the underlying personal injury action.
Do I need a lawyer for a loss of consortium claim in Bergen County?
Yes. A loss of consortium claim requires specific legal knowledge and evidence. A lawyer can help you gather the necessary documentation and present your case effectively in the Superior Court of NJ, Bergen Vicinage.
Can I file a loss of consortium claim if my spouse dies?
It depends. If your spouse dies as a result of the injury, you may be able to file a wrongful death claim instead. A loss of consortium claim is typically filed when the spouse survives but suffers a permanent injury.
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Last verified: April 2026. Information is current as of this date. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Attorney responsible for this advertisement: Mr. Sris, Law Offices Of SRIS, P.C., 44 Apple St 1st Floor, Tinton Falls, NJ 07724.
