In Florida, loss of consortium occurs when family relations suffer due to injury.
Loss of consortium refers to a loved one’s inability to function normally. Sometimes, it involves a spouse who can no longer engage in sexual relations. If the injured party survives, they can sue for damages. However, family members can also file lawsuits for loss of consortium.
What Constitutes Loss of Consortium in Florida?
Different losses are involved in loss of consortium claims. They are emotional, relational and economic.
Emotional Losses
Emotional losses are noneconomic damages. They involve the loss of love, companionship, comfort and affection.
Relational Losses
Relational losses are common in loss of consortium cases. This means the victim and their spouse cannot enjoy intimacy.
Economic Losses
According to Florida Statute 768.81, economic losses occur from loss of consortium. The injured person may be unable to help with household services, raising children and providing financial support to their family.
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Legal Basis for Loss of Consortium Claims in Florida
There is a legal basis for loss of consortium claims. Understanding Florida Statute 768.21 and case law precedents Smith v. Am. States Ins. Co. provides clarity.
Florida Statute 768.21
According to Florida Statute 768.21, wrongful death is a basis for loss of consortium. It entitles surviving family members to damages from the victim’s death.
Case Law Precedents Smith v. Am. States Ins. Co.
Smith v. American States Insurance Company is precedent in loss of consortium claims. Mr. Smith suffered disabling injuries in a car accident, filed a claim with his insurer and received $800 monthly. When his benefits stopped after 1.5 years because of lack of documentation, Smith sued the at-fault driver and won. He filed another claim with American States, which was denied due to the compensation from his lawsuit.
Who Can File a Loss of Consortium Claim in Florida?
Certain people can file for loss of consortium. They include spouses, children and other close family members.
Spouses
Spouses most commonly file loss of consortium claims. These actions come when victims can no longer perform household duties, care for children or have relations with their.
Children
According to Florida Statute 768.0415, adult dependent children can file claims for loss of consortium. They are eligible if a parent suffers significant permanent injuries.
Other Close Family Members
Other close family members can file for loss of consortium. This includes the parents, siblings or other dependents of an injured person.
Proving a Loss of Consortium Claim in Florida
There are steps to proving a Florida loss of consortium claim. They include establishing the existing relationship, demonstrating negligence of the liable party and showing the extent of loss.
Establishing the Existing Relationship
You must establish your relationship with the injured person. This means proving you’re married to the individual or are one of their children.
Demonstrating Negligence of the Liable Party
Demonstrating negligence proves validity in loss of consortium claims. This requires the presence of the elements of duty of care, breach, causation and damages.
Showing the Extent of Loss
Showing the extent of your losses is crucial in loss of consortium claims. The more evidence you have, the stronger it makes your case.
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Types of Damages in Loss of Consortium Claims in Florida
Loss of consortium claims involve different types of damages. They are emotional, economic and non-economic.
Emotional Damages
Emotional damages are noneconomic and lack specific monetary costs. They are difficult to value but significantly impact an injured victim’s loved ones.
Economic Damages
According to Florida Statute 768.81, economic damages are available in loss of consortium claims. They include medical expenses, lost wages and earning capacity and loss of support and services.
Noneconomic Damages
Noneconomic damages involve anything without price tags. They include things like pain and suffering and emotional distress.
The Impact of Loss of Consortium on Families in Florida
There are various impacts loss of consortium has on Florida families. They involve companionship, household responsibilities and mental health.
Effects on Companionship
Injuries caused by negligence can prevent someone from doing things with their family. This can adversely affect companionship with a spouse, children and others.
Impact on Household Responsibilities
Severe injuries can prevent a person from performing regular household responsibilities. This puts a burden on other family members and warrants filing a claim.
Influence on Mental Health
Families can experience mental health effects when a loved one is injured due to negligence. It can prevent them from functioning normally on a day-to-day basis, and their loved ones can develop anxiety, depression and other mental health issues.
Importance of Hiring a Florida Personal Injury Attorney
Loss of consortium claims are often complex. Hiring a Florida personal injury attorney is key to getting a successful outcome. They can determine how to handle your case and get you the best compensation.
Frequently Asked Questions
What Is Loss of Consortium in Simple Terms?
Loss of consortium refers to an injured person’s inability to perform services, provide support and have intimacy as they did before their injuries.
What Is the Difference Between Wrongful Death and Loss of Consortium?
Wrongful death and loss of consortium differ in who can file a claim and what damages are available.
Does Loss of Consortium Claim Survive Divorce?
Loss of consortium claims do not survive divorce, so an ex-spouse cannot file.
Is Loss of Consortium General Damages?
Loss of consortium is considered general damages.
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We specialize in personal injury claims.
