Bicycle crashes in Boston and surrounding cities such as Cambridge happen all too often, sadly resulting in serious personal injury or death. When a person is gravely injured or killed in a bike crash, there will be direct actions that can be filed by the plaintiff or the plaintiff’s estate, but there will also be potential claims if the plaintiff had a surviving spouse.
One of these claims by the surviving spouse is known as loss of consortium. This law, which has been applied in various other states, was addressed in a landmark case in the Commonwealth of Massachusetts entitled Diaz v. Lilly. The tort had been around for a long time at common law, but at common law, there were many ambiguities. In Diaz, the court held that the tort of loss of consortium could be brought as a direct claim. Continue reading