What is a Loss of Consortium Claim in Personal Injury Cases?
When a person sustains an injury as a result of someone else’s negligence, the victim and their family members may have to cope with a number of physical and psychological effects of the injury.
Depending on the severity of your injury and the impact of the accident on your life, your family members may be able to bring a loss of consortium claim
What is a loss of consortium claim?
A loss of consortium claim – also referred to as a consortium claim – is an independent legal action filed by the spouse or close family members of the injured victim.
While loss of consortium claims are filed independently, they are brought as part of the same victim’s lawsuit against the defendant who caused their injury.
Consortium claims are meant to compensate the spouse or other close relatives of the injured person for the loss of:
- Care, affection, and love;
- Romantic relationship;
- Sexual relationship;
- Help raising children; and
- Help with household maintenance and chores.
Basically, a loss of consortium claim allows a spouse or another close family member to get compensated for the ways their relationship with their loved one has changed due to the accident.
It’s never easy to talk about how your relationship or life has changed after your injury. While no money in the world can restore your life to what it was before the injury, getting compensated can make your life easier. You may want to discuss your particular case with our compassionate personal injury attorneys to determine whether you have a valid loss of consortium claim.
How to prove a loss of consortium claim in Florida?
Spouses or family members can bring a loss of consortium claim when their loved one has sustained a serious or catastrophic injury that affected their life and relationship with the family.
Therefore, a spouse may not be able to pursue a loss of consortium claim in Florida if the victim’s injury is minor or insignificant. Eligible family members of the injured victim will need to establish the following elements to prove a consortium claim:
- How they relate to the victim (e.g., a spouse will have to prove that they were married at the time of the injury);
- The defendant acted negligently or intentionally when they caused the accident;
- The defendant’s negligence or intentional act caused the victim’s injury; and
- The family member suffered a loss of consortium due to their loved one’s injury.
In 1971, the Florida Supreme Court defined the term consortium as the “companionship and fellowship” of spouses [Gates v. Foley 247 So. 2d 40 (1971)].
Why you need a Miami personal injury lawyer when bringing a loss of consortium claim
Many people may not feel comfortable when bringing a loss of consortium claim. This because the defendant’s lawyer will want to learn more about the intimate details of the plaintiff’s life before and after the accident.
The defendant’s lawyer will try to expose marital problems before the injury occurred in order to question the plaintiff’s loss of consortium claim and dispute the significance of the alleged losses.
That’s why it is crucial to have a Miami personal injury attorney on your side when pursuing a loss of consortium claim. Our lawyers at Pita Weber Del Prado will help you navigate the claims process with utmost care and compassion. Schedule a free and confidential consultation with our attorneys by calling at 305-670-2889.