US-New YorkCan I recover for loss of consortium if my spouse is injured?
Yes, in New York, you may recover for loss of consortium if your spouse suffers a serious injury caused by someone else’s negligence.
What the Law Says
New York law permits a spouse to bring a separate claim for loss of consortium when the other spouse suffers a serious personal injury due to another party’s negligence. This claim is derivative — meaning it depends on the injured spouse’s valid underlying personal injury claim.
Loss of consortium refers to the deprivation of benefits of a marital relationship — including companionship, affection, sexual relations, and household services — resulting from the injury.
To succeed, the injured spouse must have suffered a 'serious injury' as defined under New York Insurance Law § 5102(d), and the claim must be brought jointly with the injured spouse’s personal injury action.
New York does not recognize loss of consortium claims for unmarried partners, parents, or children — only legally married spouses.
Statutory Text‘Serious injury’ means a personal injury which results in death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function or system; permanent consequential limitation of use of a body organ or member; significantly limited use of a body organ or member; or a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety days during the one hundred eighty days immediately following the occurrence of the injury.
— Insurance Law § 5102(d)
What Courts Have Said
New York courts have consistently held that loss of consortium is a distinct, compensable claim — but only for spouses and only when tied to a qualifying serious injury.
Affirmed that loss of consortium is a separate cause of action belonging solely to the non-injured spouse, but requires proof that the injury was serious under Insurance Law § 5102(d).
Held that a loss of consortium claim fails where the injured spouse’s injury does not meet the statutory definition of ‘serious injury,’ even if the impact on the marital relationship is substantial.
What to Do
Confirm your spouse has a viable personal injury claim based on negligence and a qualifying ‘serious injury’ under Insurance Law § 5102(d).
File your loss of consortium claim jointly with your spouse’s lawsuit — it cannot proceed separately.
Gather evidence of how the injury affected your marital relationship (e.g., medical records, testimony about lost companionship or services).
File within 3 years of the injury date — the same statute of limitations applies to both claims under CPLR 214(5).
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.