What is a Loss of Consortium?
If you are no longer able to have sex like you used to or at all because of an accident, then can you bring your inability to have sex as part of your damages claim in the State of New York. The answer is yes. It is known as a loss of consortium claim. This fancy legal term says, because of your accident, the injuries you have suffered are now preventing you from doing those activities with your spouse as you used to be able to do.
You are no longer as intimate with your spouse and have difficulties doing those activities, such as having sex. Due to somebody else’s carelessness you have now suffered all these physical injuries as well, and your inability to have sex on a regular basis as you used to.
Be Prepared to Answer some Uncomfortable Questions
Once you sign up for this type of claim, the defense will have an opportunity to question you during the deposition, which is a pretrial question and answer session held under oath. The defense will ask some uncomfortable and direct questions, which may include:
- How many times a week you used to have sex with your spouse before this accident, and now after the accident how many times are you able to have sex
- Do you feel better being on top or under your spouse during sex
- Is it better to have sex when you change positions
You might be asking yourself why the defense is permitted to ask you all these types of questions, intimate detailed question about your sex life. The reality is as soon as you include it in your claim, your inability to have sex as you used to, the defense has the right to ask you such questions. You opened this can of worms or Pandora’s Box.
Approach of an Astute and Experienced Attorney
However, there is no possible way for the defense attorney to confirm all the intimate details you provide in your testimony. Genuine and experienced defense attorneys usually focus on this issue in a very subtle and distinct way.
A fine lawyer or one who has been around the block before in this line of work will usually frame the question as, “Since you have put forth a claim of loss of consortium, can you tell me in your own words how your lifestyle has been affected and in particular how your intimate relationship with your spouse has been negated because of this accident?”
This will allow you to explain to the defense attorney in your own words without expressing details you would rather just remain in the bedroom. Such a testimony is much more effective and comes across much better in front of the jury during the trial compared to attorneys barraging the plaintiff with highly personal questions. Even though, defense attorneys are entitled to ask questions that would bother most people, it will come across crass and rude, and the jury may not be impressed with this side’s approach.
However, you have to be prepared to answer questions of this degree when you have claimed damages for your inability to have sex after the accident.