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Understanding Florida’s Loss of Consortium Policy

By Weston Personal Injury Attorney on May 15, 2023

Woman sits in her bed curled up crying.

When somebody commits a careless or malicious act that drastically reduces your quality of life, they should have to pay for it. That’s why tort law allows people to seek damages, which is a monetary award that’s paid to compensate for your loss.

Claimants in a personal injury or a wrongful death claim / lawsuit are allowed to seek damages or loss of consortium. But there’s no way that anyone could ever put an adequate price tag on the time you spend with your loved ones, the comfort they bring, and the joy they add to your world.

What Is Loss of Consortium?

Economic damages in the context of a personal injury claim / lawsuit, generally, are past and future medical bills, and past and future lost wages.

Non-economic damages include intangible consequences that a person suffers when they’ve been wronged, often referred to as pain and suffering damages.

Loss of consortium is a legal term for all the emotional and personal consequences that a person suffers when a spouse, parent, or child passes away or when they’re injured, and often includes loss of services, comfort, companionship, and society. A general example would be the deterioration of a relationship after an injury accident.

The magnitude of such a loss is almost indescribable. It includes the following types of love and support that we receive from the people who are closest to us:

  • Friendship
  • Companionship
  • Emotional support
  • Help raising minor children
  • Assistance with household chores
  • Financial support
  • Sexual intimacy

Who Is Eligible for Loss of Consortium Damages?

Generally the following classes may be eligible for Loss of Consortium damages:

  • Spouse
  • Parent
  • Child

In a personal injury claim, it must be demonstrated that the victim’s injuries create a situation where their relationship with the people closest to them is dramatically altered. This would include severe and permanent injuries, which may include physical limitations, paralysis, Traumatic Brain Injury (TBI), and wrongful death.

How Damages Are Determined for Loss of Consortium

When loss of consortium is sought in a personal injury claim, there are certain factors that are likely to be considered. This includes the severity of the injury, the duration of the injury, and the impact it has on the relationship.

For married couples, loss of consortium damage factors may include:

  • Living arrangements
  • Age and life expectancy
  • Length and stability of the relationship
  • The role played in child rearing by the spouses
  • Household management and housekeeping duties
  • The level of care and companionship between the spouses

Posted in: Personal Injury

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