You may be entitled to injuries sustained in a car accident by your spouse under a ‘loss of consortium’ claim. If you are hurt in an accident, it may come as no surprise when your movement and/or lifestyle become restricted. On the other hand, one way that an accident can unexpectedly affect your life is through your personal relationships with the ones you love.
You may hear the term ‘loss of consortium‘ in terms of someone filing a wrongful death or personal injury lawsuit. It usually follows an unfortunate incident, and gives spouses and family members an opportunity to get justice for suffering from consequences due to someone else’s negligence.
If you or someone you know was hurt in an accident, it is important to protect your chance to recover by contacting a personal injury attorney right away. Set up a 100% free legal consultation with the law firm of Fernandez & Hernandez today by calling 813.755.9500 or send us your information by submitting a form online.
What Is Loss Of Consortium In Florida?
The loss of a loved one can have a devastating effect on a surviving partner and/or family members that feel left behind. Permanent injuries can also deeply disrupt the intimacy of a couple and the connection they share with their family members.
In Florida, a loss of consortium claim is typically filed by someone close to a victim if they were killed or permanently injured in an accident resulting from an at-fault party’s negligence. To be specific, eligible individuals who are able to file a loss of consortium claim include the victim’s:
- Guardians
- Children
- Spouse, or
- Parents
Loss of consortium in Florida is more commonly considered for partnerships or spousal relationships than the others listed above. In this way, a claim of this type may present evidence for a loss of elements that would exist in a marital relationship but for the debilitating injury or death.
The legal definition of ‘loss of consortium’ is:
The inability of one’s spouse to have normal marital relations, which is a euphemism for sexual intercourse. Such loss arises as a claim for damages when a spouse has been injured and cannot participate in sexual relations for a period of time or permanently due to the injury, or suffers from mental distress, due to a defendant’s wrongdoing, which interferes with usual sexual activity. Thus, the uninjured spouse can join in the injured mate’s lawsuit on a claim of loss of consortium, the value of which is speculative, but can be awarded if the jury (or judge sitting as trier of fact) is sufficiently impressed by the deprivation.
Specifically, a claim for loss of consortium filed by a surviving partner after an accident could show a resulting current and future loss of sexual intimacy, companionship, and assistance (physical and/or financial, depending on the case and some other factors).
Keep in mind that the facts of your case will be unique to you, and it may be complicated for a grieving individual to handle this kind of claim on their own. We are ready to help you–send us an online form or call 813.755.9500 today for a free case consultation.
What Evidence Can Support A Loss Of Consortium Claim?
With the help of an attorney, the spouse who files a loss of consortium claim may include evidence to show that these qualities were formerly provided by the relationship with the deceased or disabled partner. They have the legal burden to present this evidence in order to be compensated financially.
Some of the evidence to uphold a loss of consortium claim could be financially-based, such as for recurring payments shared by spouses for things such as schools or childcare programs. However, an award for this type of claim is usually poised to compensate a person for the emotional impact they suffer from the inevitable losses that can result when someone is permanently injured or killed.
As an example, the quality of a couple’s physical intimacy can certainly be affected if one of them has become disabled. In another case, it may be that certain leisure or recreational activities that they used to enjoy doing together as companions are no longer possible.
A catastrophic injury or death to your spouse could also disrupt your home life and share of daily responsibilities. Meet with us for free to discuss holding negligent parties accountable–call 813.755.9500 or submit an online form today.
How Can A Personal Injury Attorney Protect You And Your Family?
One unfortunate fact of an injury-causing or fatal accident is that no amount of money can reset the clock on the impact it causes. When permanent injuries or death are involved, there is likely no chance to undo the damages the negligent party has caused.
