Understanding Loss Of Consortium In Florida Personal Injury And Wrongful Death Cases
After a person is injured due to another person’s negligence, they can file a personal injury claim. And when someone dies due to another person’s negligence, their surviving family members can file a wrongful death claim. In some cases, family members of personal injury or wrongful death victims can file a loss of consortium claim after a personal injury or wrongful death claim has been filed. If a loved one recently suffered injuries or died because of another person’s negligence, it is crucial that you understand the loss of consortium. Another name for the loss of consortium is loss of companionship. Loss of consortium can be defined as the deprivation of a family relationship, including the deprivation of the company, cooperation, and help of a family member.
Who Can Bring a Loss of Consortium Claim in Florida?
In Florida, most loss of consortium claims are filed by spouses of victims. However, a child or a parent may be eligible to file a loss of consortium claim. In Florida, there are three main types of loss of consortium claims. The three are discussed below:
Spouse’s Loss of Consortium
For a spouse to file a successful loss of consortium claim, they must establish the following;
- There was a valid marriage between them and the personal injury or wrongful death victim when the accident happened;
- The defendant injured or killed their spouse through a negligent act;
- Their spouse’s injury is severe enough to justify damages;
- There is a valid personal injury or wrongful death claim against the defendant;
- They have suffered actual losses because of the injury or death.
It is crucial to note that a loss of consortium claim cannot be filed if a personal injury or wrongful death claim hasn’t been filed. And a loss of consortium claim can’t be filed before a personal injury or wrongful death claim.
Loss of Parental Consortium
According to Florida law, if another person’s negligence results in severe injury to the parent of an unmarried child, the negligent person shall be required to pay damages to the child. They shall be required to pay for damages, including damages for loss of service, comfort, and society.
Parental Loss of Filial Consortium
If a minor child suffers severe injuries or dies because of another person’s negligence, their parent can try to recover compensation for loss of “filial consortium.”
What Damages Are Available for Loss of Consortium?
After filing a loss of consortium claim, a claimant may be able to recover compensation for different losses, including the following;
- Assistance taking care of children
- Assistance performing household chores
- Emotional support
- Financial assistance
- Sexual relationship (for spouses)
- Affection and love
- General companionship
Should You Hire an Attorney for a Loss of Consortium Claim?
There is no law in Florida that requires the hiring of an attorney before filing a loss of consortium claim. However, it is advisable to hire an attorney. An experienced attorney can help in many ways, including the following;
- Filing paperwork
- Getting you ready for questioning
- Negotiating with the insurance company
- Representing you in court
Contact Us for Legal Help
Our experienced Fort Myers personal injury attorneys at The Pendas Law Firm can help you maximize your loss of consortium settlement. Contact us today to schedule a consultation.
The Pendas Law Firm also represents clients in the Jacksonville, Tampa, Fort Lauderdale, Miami, Naples, Bradenton, Melbourne, West Palm Beach, Daytona Beach, Ocala, and Orlando areas.
Source:
law.cornell.edu/wex/loss_of_consortium#:~:text=Deprivation%20of%20the%20benefits%20of,based%20on%20loss%20of%20consortium.
