Can My Wife Also File Claim On My Case

[myfind2006]

Hello,

I live in Brooklyn, NY. My question is about a lawsuit I have against the city. I know I said 'wife' in the subject but we are not married as of yet. So the question is, can my girlfriend/fiancé also file a claim/lawsuit against the same people? We have lived with each other for 4 years.

I have heard of wifes and even mothers, suing for things like loss of service and ect. Can she do the same? If no, why? and if yes, what other terms can she claim to file under...meaning 'claim for loss of service'

Thanks for the help in advance,

[stephenk]

Girlfriends cannot sue for loss of consortium with their boyfriends. Sorry.

States require marriage as the basis for a loss of consortium. It helps prevent fraud.

[Clair Bonner]

Hello,

I live in Brooklyn, NY. My question is about a lawsuit I have against the city. I know I said 'wife' in the subject but we are not married as of yet. So the question is, can my girlfriend/fiancé also file a claim/lawsuit against the same people? We have lived with each other for 4 years.

I have heard of wifes and even mothers, suing for things like loss of service and ect. Can she do the same? If no, why? and if yes, what other terms can she claim to file under...meaning 'claim for loss of service'

Thanks for the help in advance,

I agree with the above answer by StephenK. Loss of Consortium is defined as an injury that is so severe that it interferes with the injured party's family relations, the affected family members might suffer a very real "detriment."

The law therefore recognizes the right of the injured party's spouse or registered domestic partner (if New York has such a "domestic partner" law) to recover for loss of support, services, love, companionship, society, affection, sexual relations and solace, in the form of a "loss of consortium" action. In other words, a spouse could obtain compensation because you weren't able, or impaired to a small degree, to vacuum the carpet, do the dishes, or anything else that a regular marriage would entail, and that the parties would expect from each other.

"Loss of consortium" is a claim independent of the bodily injury victim's claim; it is unique to the injured party's spouse (or registered domestic partner), and is compensable by a separate damages recovery.

But, and here's the real kicker to this whole thing when you said, "I have a lawsuit I have against the city." A Public Entity, under New York law, may be "immune" from liability for a claim from a lawfully married, or domestic partner, spouse. So, even if you were married, and after checking with a Personal Injury attorney, your "spouse" may not have been able to bring such a claim anyway.

[rmet4nzkx]

As you have been told
http://www.lectlaw.com/files/fam14.htm

LOSS OF CONSORTIUM

Consortium is the relationship between a husband and wife, which
includes love, affection, fellowship and sexual companionship. If a
third party interferes with that relationship (for example, a neck
injury disables the husband from having sexual intercourse), the spouse
who loses elements of consortium can sue the third party on that ground.
Although cohabiting and same-sex couples have argued that loss of
consortium statutes should apply to their relationships as well,
virtually no states have applied the law to them.

here is some case law re cohabiting couples
* New York--Morone v. Morone, 50 N.Y.2d 481, 429 N.Y.S.2d 592, 407
If you have at some time during your time together, prior to the accident, cohabited together in a state or Washington DC, allowing common law marriages, you might be able to claim a common law marriage, some have managed this with a brief vacation in Washington DC, otherwise you will have to stay with your current lawsuit. If this was possible, your attorney should have explored this possibility prior to filing the lawsuit.

[weenor]

Hello,

I live in Brooklyn, NY. My question is about a lawsuit I have against the city. I know I said 'wife' in the subject but we are not married as of yet. So the question is, can my girlfriend/fiancé also file a claim/lawsuit against the same people? We have lived with each other for 4 years.

I have heard of wifes and even mothers, suing for things like loss of service and ect. Can she do the same? If no, why? and if yes, what other terms can she claim to file under...meaning 'claim for loss of service'

Thanks for the help in advance,

In addition to the other responses....IF she has a claim, her loss of consortium is a derrivative of your claim. Thus the complaint filed in your suit would have to be amended to add her claim. Most courts set deadlines for the amendment of pleadings and yours may well be past.

[myfind2006]

Hello everyone,

Wow...I really want to thank everyone for helping out with some good useful information. I say this, because I have found sometimes, when you post you get real nasty, smart a@$, asnwers....so thank you for being an adult and helping out.

Thanks for the time and help,