Loss of Consortium Lawyer in Westchester County, NY
A loss of consortium claim in Westchester County seeks compensation for the loss of spousal companionship, affection, and intimacy due to a serious injury. These claims are derivative of a primary personal injury case. Law Offices Of SRIS, P.C. provides full representation for loss of consortium claims in Westchester County. Call (888) 437-7747 for a consultation by appointment.
Statutory Basis for Loss of Consortium Claims in New York
In New York, a loss of consortium claim is a derivative cause of action recognized under common law and statute. It allows the uninjured spouse of a seriously injured person to seek damages for the loss of the injured spouse’s services, society, and companionship. The claim is dependent on the success of the primary personal injury case.
Last verified: April 2026 | Westchester County Supreme Court | New York Civil Practice Law & Rules
External Legal Resources
Procedural Insights for Westchester County
Loss of consortium claims in Westchester County are filed alongside the primary personal injury lawsuit in Supreme Court. The court requires clear evidence linking the spouse’s injury to the tangible loss of marital relations and household contributions. In Westchester County Supreme Court, these claims are often scrutinized for specificity in the damages alleged.
- File the Primary Injury Lawsuit: The injured spouse files a personal injury complaint in Westchester County Supreme Court.
- Include the Derivative Claim: The uninjured spouse’s loss of consortium claim is included in the same filing as a separate cause of action.
- Gather Evidence of Loss: Compile documentation, testimony, and experienced opinions detailing the change in the marital relationship post-injury.
- handle Discovery: Both claims proceed through the discovery process, where evidence is exchanged with the defense.
- Pursue Settlement or Trial: Negotiate a settlement that includes consortium damages, or present the claim to a jury at trial.
Damages and Legal Standards
In Westchester County, a loss of consortium claim seeks non-economic damages for the loss of love, companionship, sexual relations, and household services, with no statutory cap on compensation in most cases.
Damages are determined by a jury based on the evidence presented. New York’s pure comparative negligence rule applies to the primary injury claim, which can affect the derivative consortium claim.
Results may vary. Prior results do not guarantee a similar outcome.
Firm Authority and Experience
Law Offices Of SRIS, P.C. was founded in 1997. Our firm handles complex personal injury and derivative claims like loss of consortium. We approach each case with a focus on the full impact of an injury on the family unit.
Case Results
Our firm-wide practice has handled 4,739+ documented case results with over 93% favorable outcomes across our service areas. We apply this extensive litigation experience to every loss of consortium claim we handle in Westchester County.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Westchester County Loss of Consortium Lawyer
Our New York location serves clients in Westchester County, accessible via I-87, I-287, and the Taconic State Parkway. We are a loss of consortium lawyer near White Plains and serve communities throughout the county including Yonkers, New Rochelle, Scarsdale, and Rye.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
50 Fountain Plaza, Suite 1400, Office No. 142
Buffalo, NY 14202
Toll-Free: (888) 437-7747 | Local: (838)-292-0003
By appointment only.
Frequently Asked Questions
What is loss of consortium in New York?
It is a legal claim for the loss of spousal companionship, affection, and services due to a serious injury caused by another’s negligence. It is a derivative claim filed by the uninjured spouse.
Can I file a loss of consortium claim in Westchester County if my spouse was injured?
Yes, if your spouse has a valid personal injury case. Your loss of spousal companionship lawyer Westchester County can file the consortium claim as part of the same lawsuit in Westchester County Supreme Court.
What damages can I recover in a consortium claim?
Damages are non-economic and compensate for the loss of love, society, sexual relations, and household help. The amount varies based on the severity of the injury’s impact on the marriage and the evidence presented.
How long do I have to file a loss of consortium claim?
The statute of limitations is tied to the primary injury claim, typically three years from the date of injury in New York. It is critical to consult a loss of consortium lawyer Westchester County promptly to protect your rights.
What evidence is needed for a consortium claim?
Evidence includes testimony from both spouses, family, or friends about the marital relationship before and after the injury, medical records detailing the injury’s limitations, and sometimes experienced testimony.
Is a loss of consortium claim separate from the personal injury settlement?
It is a separate cause of action but is typically negotiated and settled as part of the overall resolution of the personal injury lawsuit. A skilled consortium claim lawyer Westchester County will ensure it is valued appropriately.
Internal Resources: For more information, see our New York Personal Injury Lawyer hub page. We also assist with related matters like business law in Westchester County.
Page Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.