Loss of Consortium Lawyer Nassau County

When a person is seriously injured by another party’s negligence, the injury can also affect that person’s spouse, who may lose the benefit of companionship, household services, and support that existed before the injury. New York recognizes a derivative claim for loss of consortium, which belongs to the spouse of the injured person rather than to the injured person directly, and it is brought alongside the injured spouse’s own personal injury claim. Law Offices Of SRIS, P.C. reviews Nassau County loss of consortium claims under New York law and helps clients understand how this claim relates to the underlying injury claim. The firm does not offer free consultations; a scheduled consultation can be requested to discuss a specific situation. The firm’s intake line is staffed 24/7 at (888) 437-7747.

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How a Loss of Consortium Claim Works in New York

A loss of consortium claim is derivative, meaning its viability depends on the success of the underlying personal injury claim brought by the injured spouse. Because it is tied to that underlying claim, it is generally evaluated alongside the personal injury limitations period in N.Y. C.P.L.R. § 214(5), which provides three years from the date of the injury for most personal injury actions; the applicable deadline for a derivative claim should be confirmed together with the underlying claim rather than calculated separately.

It is important to distinguish a living spouse’s loss of consortium claim from the damages available in a wrongful death action. Under N.Y. E.P.T.L. § 5-4.3, wrongful death damages in New York are limited to the pecuniary, meaning financial, injuries resulting from a decedent’s death, along with certain medical and funeral expenses; grief, loss of society, and loss of companionship are not recoverable in a wrongful death action. A loss of consortium claim brought by the spouse of a living, injured person is a different type of claim from the damages available after a death, and the two should not be confused.

New York applies comparative fault under N.Y. C.P.L.R. § 1411 to civil claims generally, which can affect a derivative consortium claim to the extent it affects the underlying injury claim.

Nassau County Venue and How the Firm Approaches These Claims

A civil claim arising from a loss of consortium in Nassau County is typically filed in the Nassau County Supreme Court, located at 100 Supreme Court Drive in Mineola, New York, within the Tenth Judicial District, reachable at (516) 493-3400. The firm does not maintain a physical location in Nassau County, and consultations are conducted by appointment.

Mr. Sris and the firm’s Of Counsel attorneys review the underlying injury, the effect on the marital relationship, and how the derivative claim relates to the injured spouse’s own claim. The firm does not guarantee any particular outcome, and case results depend on the specific facts involved.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. and a former prosecutor. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. He attended George Mason University, where he developed a background in accounting and information systems. Law Offices Of SRIS, P.C. was founded in 1997 and practices in personal injury matters, including loss of consortium claims arising in Nassau County.

Attorneys who work with the firm other than Mr. Sris do so as the firm’s Of Counsel attorneys. Mr. Sris and the firm’s Of Counsel attorneys work directly with the firm on loss of consortium matters, reviewing the facts of each case together. The firm’s principal office is located at 4008 Williamsburg Court, Fairfax, Virginia 22032, by appointment, and the firm does not maintain a physical location in Nassau County. Call (888) 437-7747 to request a scheduled consultation.

Frequently Asked Questions

What is a loss of consortium claim?

It is a derivative claim belonging to the spouse of a person who was seriously injured by another party’s negligence, addressing the effect of the injury on the marital relationship, including companionship and household support.

How long do I have to bring a loss of consortium claim in Nassau County?

Because the claim is derivative of the injured spouse’s personal injury claim, it is generally evaluated alongside the three-year period in N.Y. C.P.L.R. § 214(5). The applicable deadline should be confirmed together with the underlying claim for the specific facts involved.

Is loss of consortium the same as loss of companionship in a wrongful death case?

No. Under N.Y. E.P.T.L. § 5-4.3, wrongful death damages are limited to pecuniary, meaning financial, losses, and loss of companionship or society is not recoverable in a wrongful death action. A living spouse’s loss of consortium claim is a separate type of claim from wrongful death damages.

Does my spouse need to win their injury claim for my claim to succeed?

Yes. A loss of consortium claim is derivative, meaning it depends on the success of the underlying personal injury claim brought by the injured spouse.

Does the firm offer a free consultation?

No. Law Offices Of SRIS, P.C. does not offer free consultations. A scheduled consultation can be requested by calling (888) 437-7747.

Does the firm have an office in Nassau County?

No. The firm does not maintain a physical location in Nassau County. The firm’s principal office is located in Fairfax, Virginia, and consultations are by appointment.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

Attorney advertising. Prior results do not guarantee a similar outcome.

For the full picture beyond Nassau County, our page on loss of consortium cases in New York covers the process end to end.