Among the injury claims that can be made, loss of consortium is one that is made by the spouse of the victim. Loss of consortium means that the accident injuries suffered by an individual deprived his or her spouse of marital benefits, including companionship, comfort, assistance, intimacy and affection.
While nearly all states, including Florida, allow loss of consortium claims, people often avoid making the claim because they worry that the case will require them to discuss the delicate details of their personal life with others. However, intimacy is only one aspect of a loss of consortium claim. Often, a spouse needs to only show that the injury has had a negative impact on the relationship, which often includes other issues such as the victim’s inability to help with household chores or parenting tasks.
While it’s not as common as the loss of consortium claims filed by spouses, Florida parents who have a child who has been seriously injured can also file a loss of consortium claim. Loss of filial consortium refers to a parent’s loss of love, affection, and companionship when their child is seriously injured in an accident. Florida is one of only a few states where this claim can be made in personal injury cases. It should be noted that both loss of consortium and loss of filial consortium claims can be part of wrongful death cases, as well. These claims, while made by the spouse or parent instead of by the victim, figure into the total amount of the settlement in the case.
If your spouse or child has been seriously injured in an accident, a number of factors will be considered to determine of the total amount of damages the victim may be entitled to, including the impact that the victim’s injuries have had not only to his or her ability to earn money in the future, but also to his or her ability to provide companionship for others. For more information, contact us.