Loss of Consortium in New Hampshire

Recovering Loss of Consortium in NH

If you have been severely injured in an automobile or motorcycle accident in New Hampshire, your injury claim is not limited only to your pain and suffering; New Hampshire law allows your spouse to recover for his or her loss of consortium.

New Hampshire law recognizes that a spouse has a right of consortium i.e. a right to the society, sex and services of his/her spouse. The right to "society" includes the love, companionship, affection, comfort, solace or moral support. The right to "sex" includes sexual relations or the ability to have children. The right to "services" includes the physical assistance in the operation, care and maintenance of the family home.

A loss of consortium claim is allowed under New Hampshire law even though one spouse may not have suffered a physical injury, but nonetheless may be "injured" because their spouse can no longer perform the services typically performed due to the physical injury you sustained in a NH car accident or collision.

As an example, if a wife is injured in a car accident and her injuries prevent her from maintaining the home which she used to do, the husband may have a loss of consortium claim for the loss of services provided by his wife in the normal and ordinary course of their marital relationship.