Loss of consortium refers to the harm suffered by a spouse or close family member after a loved one is seriously injured. This type of harm includes the loss of companionship, emotional support, and the ability to share everyday life together.
Florida law allows victims to recover compensation due to this harm in a personal injury or wrongful death case. If your family has been affected by a serious accident, it’s important to understand how loss of consortium works and how it may apply to your situation.
What Is Loss of Consortium?
Loss of consortium refers to the deprivation of the benefits of a close family relationship due to injuries caused by another party’s negligence.
These benefits may include:
- Emotional support
- Companionship
- Affection and love
- Sexual intimacy
- Shared household responsibilities
- Parental guidance and care
These losses can significantly affect the quality of life for the injured person and their loved ones. While economic damages may cover hospital bills or lost wages, loss of consortium addresses how relationships are damaged by injury or death.
Who Can File a Loss of Consortium Claim in Florida?
In Florida, the right to file a loss of consortium claim primarily belongs to a spouse, but there are circumstances where other close relatives may have standing.
Parties who can potentially recover for loss of consortium include:
- Spouses: If one spouse is injured or killed due to negligence, the other can file a loss of consortium claim based on the impact on the marital relationship.
- Parents of injured children: In rare cases, a parent may be able to seek damages for the loss of companionship or services of a severely injured child.
- Children of injured parents: Minor children may be able to claim loss of parental support or guidance, but only under specific conditions, most often in wrongful death actions.
Each of these claims is considered derivative, meaning they can only proceed if the primary injury or wrongful death case is successful. If the injured party does not win their case, the loss of consortium claim cannot succeed.
What Types of Injuries Commonly Lead to Loss of Consortium?
Loss of consortium typically arises in situations involving catastrophic injury or death. These injuries can permanently alter family dynamics, end intimate relationships, or create long-term emotional and physical distance.
Common examples include:
- Traumatic brain injury (TBI)
- Spinal cord injuries and paralysis
- Amputations
- Severe burns or disfigurement
- Chronic pain conditions
- Coma or persistent vegetative state
- Wrongful death
In these cases, the injured person may no longer be able to participate in the relationship as they once did. This disruption can be grounds for significant non-economic damages.
What Evidence Is Needed to Prove Loss of Consortium?
Loss of consortium is not a tangible injury. To prove the claim, plaintiffs must provide compelling evidence of how their relationship has changed.
Examples of evidence used in a loss of consortium case might include:
- Personal testimony describing the emotional and relational impact
- Evidence documenting the changes in household roles and responsibilities
- Counseling records or therapist evaluations
- Statements from friends, neighbors, or family members
- Documentation of prior relationship dynamics (photos, journals, correspondence)
- Expert testimony from mental health professionals
The goal is to show a clear, credible before-and-after picture of how the injury has changed the relationship.
How Are Loss of Consortium Damages Calculated?
Loss of consortium damages are considered non-economic damages, meaning there is no specific dollar figure or financial document to use as a starting point.
Instead, courts and juries consider:
- The nature and length of the relationship
- The severity and permanence of the injury
- The extent of the loss (emotional, physical, household, etc.)
- The credibility and detail of the evidence
There is no exact formula to use uniformly in every case. Judges and juries are instructed to use their best judgment when assigning a dollar amount. These awards can vary widely based on the facts of each case.
Are There Caps on Loss of Consortium Damages in Florida?
Florida generally does not cap non-economic damages in personal injury or wrongful death cases, including loss of consortium claims. However, specific types of claims, such as medical malpractice, may be subject to limits.
For example, under Florida law, non-economic damages in medical malpractice actions may be capped at $500,000 per claimant (or $1 million in certain cases). These caps have been subject to legal challenges and changes, so it’s important to consult an attorney familiar with current Florida law.
Can Loss of Consortium Be Claimed in a Wrongful Death Lawsuit?
Yes. Florida’s Wrongful Death Act allows certain surviving family members to claim damages for the loss of companionship, protection, and support resulting from a fatal injury.
Specifically:
- Surviving spouses may seek compensation for the loss of companionship and protection, as well as mental pain and suffering.
- Minor children may recover the loss of parental companionship, instruction, and guidance.
- Parents of deceased minor children may seek compensation for emotional pain and suffering.
These claims are often substantial and emotionally charged components of a wrongful death lawsuit.
What Is the Statute of Limitations for Loss of Consortium Claims in Florida?
Loss of consortium claims are bound by the same deadlines as the underlying personal injury or wrongful death claims they derive from. The deadline for both types of cases is typically two years.
Because consortium claims are derivative, they must be filed at the same time as the main lawsuit. Waiting too long to act can prevent you from recovering any compensation.
Contact Our Florida Personal Injury Lawyers at Norden Leacox Accident & Injury Law for a Free Consultation
Have you experienced the loss of a meaningful relationship because of a loved one’s serious injury or death in Florida? You may be entitled to compensation through a loss of consortium claim.
The Florida personal injury attorneys at Norden Leacox Accident & Injury Law have over 100 years of combined experience and are committed to helping families recover everything they are owed. Call today at (407)-801-3000 to schedule a free consultation and learn how we can help protect your rights and your future.
