How Are Loss of Consortium Damages Calculated in Florida?
In Florida, after a person suffers injuries or dies due to the negligence of another party, they or their loved ones can file a personal injury or wrongful death claim against the negligent party and seek damages. Florida personal injury and wrongful death claims involve a variety of damages. Some cases involve loss of consortium damages, which fall under non-economic damages. This article discusses the meaning of loss consortium and how these damages are calculated in Florida personal injury and wrongful death claims.
What Is Loss of Consortium?
Loss of consortium is the loss of the intangible benefits of a relationship due to a personal injury or wrongful death. It can include the loss of assistance, comfort, intimate relations, fellowship protection, moral support, and affection. A loss of consortium is separate from a personal injury claim, meaning the victim does not claim loss of consortium damages. Instead, family members file for loss of consortium. Loss of consortium damages go to affected family members.
In Florida, most loss of consortium claims are filed by spouses, but even children and parents may be eligible to file loss of consortium claims. There are generally three types of loss of consortium claims in Florida;
- Spouses’ loss of consortium
- Loss of parental consortium
- Parental loss of filial consortium
Calculating Loss of Consortium Damages in Florida
Loss of consortium falls under the category of “non-economic” damages. Like other non-economic damages such as pain and suffering, emotional distress, and mental anguish, loss of consortium does not have a direct monetary value. The value of loss of consortium damages is subjective, meaning the amount awarded can vary significantly depending on the specifics of each case.
The subjective nature of loss of consortium damages means that insurance companies, attorneys, and courts must rely on their judgment and the evidence presented to determine a fair and reasonable amount. In other words, there is no set formula for calculating loss of consortium damages.
To determine how much a person should be awarded for loss of consortium, several factors are taken into consideration, including the following;
Severity of the Injury
Usually, the more severe the injury or the longer the injury is expected to last, the higher the loss of consortium damages. Permanent injuries and death tend to result in substantial awards.
Stability and Duration of the Relationship
The quality and length of a relationship can impact the value of loss of consortium damages. Longer, stable relationships may result in higher amounts than shorter, unstable ones.
Age of Claimant
Younger couples typically receive higher awards because they are expected to feel the impact of the loss of consortium for a longer time. Conversely, older claimants may receive lower awards as the expected duration of the loss is shorter.
Evidence Presented
Detailed accounts of the relationship’s quality and the impact of the injury can result in a fair compensation amount. Conversely, insufficient evidence can lead to lowered or reduced compensation.
Jury’s Discretion
Finally, the jury’s discretion can play a vital role in determining the value of loss of consortium damages. Juries assess evidence and determine a fair amount based on subjective factors.
Contact Us for Legal Help
At The Pendas Law Firm, our Miami personal injury attorneys have extensive experience helping clients seek loss of consortium damages. Contact us today to schedule a consultation and discuss your case.
The Pendas Law Firm also represents clients in the Jacksonville, Tampa, Bradenton, Ocala, Orlando, West Palm Beach, Daytona Beach, Fort Myers, Fort Lauderdale, Naples, and Melbourne areas.
