What Is Loss Of Consortium?
In the U.S., the term “loss of consortium” is associated with personal injury and wrongful death claims. Simply put, you can file a loss of consortium claim if your loved one was permanently injured or killed by someone else’s negligence. In the U.S., spouses, parents, children, and even siblings can file a loss of consortium claim and recover financial compensation.
If your loved one sustained a permanent injury or was killed in a Florida accident because of someone else’s negligence, you might be eligible to recover compensation for loss of consortium. A skilled Florida personal injury attorney can help you hold an at-fault party accountable and recover compensation for loss of consortium, so reach out to one today.
If you don’t fully understand the meaning of “loss of consortium,” read on!
What Does Loss of Consortium Mean?
In Florida, “consortium” is usually associated with the spouse or domestic partner of a personal injury or wrongful death victim. For many years now, the state of Florida has allowed spouses of individuals injured because of other people’s negligence or surviving spouses of wrongful death victims to be compensated for the loss of consortium.
So, how exactly does Florida define “loss of consortium?” In Florida, the term “loss of consortium” was defined by the Florida Supreme Court in the case Gates v. Foley. In this specific case, the Florida Supreme Court expressed that consortium extends beyond a sexual relationship. It may include, among many other things, solace, affection, comfort, and assistance, which are necessary to a successful marriage. Generally, when a loss of consortium claim involves a spouse or domestic partner of a personal injury or wrongful death victim, the term consortium refers to the aspects of a marriage lost as a result of the injury or death.
When a spouse files a claim for loss of consortium, they are basically suing the defendant for damages resulting from the inability to enjoy the same love, support, comfort, and companionship, among other things, that they enjoyed before the accident. Usually, after filing a loss of consortium claim, a spouse will recover compensation for the non-economic loss suffered as a result of the accident. Some commonly awarded damages in loss of consortium claims include, among others;
- Loss of a sexual relationship
- Loss of help in raising children
- Loss of help with household chores
Damages awarded in a Florida loss of consortium claim can also compensate an individual for emotional harm such as shock, emotional distress, and mental anguish.
Proving a Loss of Consortium Claim
Usually, when it comes to proving a loss of consortium claim, the burden of proof lies on the party filing the claim, in most cases, the spouse of a personal injury or wrongful death claim victim. In Florida, if a spouse is to recover compensation in a loss of consortium claim, they must prove, among other things, that the defendant’s conduct was the cause of the loss of consortium. To increase your chances of obtaining the compensation you deserve for loss of consortium, ensure you retain a skilled personal injury attorney.
Importantly, in the state of Florida, a parent can file a loss of consortium claim of a child and vice versa.
Contact a Delray Beach Personal Injury Lawyer
If you have any questions about loss of consortium claims, please reach out to one of our qualified Delray Beach personal injury lawyers at Lyons & Snyder today.