When another party causes you to be injured, you can file a personal injury claim for damages. Economic damages are your financial losses, such as medical bills, property damage, and lost wages. You can also recover non-economic damages, including emotional distress, pain, and suffering.
If your loved one is injured in an accident or because of another party’s negligence or intentional torts, they can file a claim for damages. However, you could also have a claim yourself for loss of consortium.
What Is Loss of Consortium?
Loss of consortium is a claim filed by family members when they sustain losses or harm because of a loved one’s injuries. Generally, loss of consortium is awarded when a family member is killed or sustains a severe injury or permanent impairment.
Florida case law defines loss of consortium as the loss of fellowship and companionship between spouses. It is the loss of the right to cooperation, aid, and company from each other. Loss of consortium is more than a loss of an intimate sexual relationship. It is also the loss of assistance, society, affections, comfort, and solace.
Loss of consortium claims arise in all types of personal injury cases, including car accidents, medical malpractice, slip and fall accidents, product liability claims, and intentional torts. If you are unsure whether you have a loss of consortium claim, call an Orlando injury lawyer for a free consultation.
Who Can File a Loss of Consortium Claim in Florida?
Spouses may file a loss of consortium claim when their partner’s injuries impair their relationship and support. You must prove that you were married at the time your spouse was injured and the other party caused their injuries. Then, you must prove that you sustained a loss of consortium as a direct result of your spouse’s injuries.
Unlike other states, Florida does not limit the loss of consortium claims to spouses. Children and parents may also file a loss of consortium claim. A parent or child would need to prove that the injuries sustained by their loved one prevented them from providing the same level of care, companionship, and affection that they could before the accident.
How Do You Calculate the Value of a Loss of Consortium Claim in Orlando, FL?
Loss of consortium falls under the category of non-economic damages. These damages are intangible losses suffered because of another party’s wrongdoing. While it is impossible to put a price on someone’s suffering, we must in order to award these damages.
There are numerous factors that can influence the calculation, such as:
- The stability of the marriage and the living arrangements of the couple before the injury
- The companionship and care shared between the family members
- The life expectancy of the family members
- How a loved one’s injuries have impacted your life and relationship with them
It is important to realize that your life and relationship will be put under a microscope when you file a loss of consortium claim. All of the personal and intimate details of your relationship before and after the injury are analyzed in detail. Courts (and lawyers during out-of-court negotiations) use these details to determine how much to award for a loss of consortium claim.
Is There a Monetary Cap for Loss of Consortium Claims in Florida?
Some states cap the amount of damages juries can award for loss of consortium and non-economic damages. However, Florida does not limit how much money can be awarded for loss of consortium in most personal injury cases.
If you settle your case before going to court, you negotiate the amount of money paid for loss of consortium just as you do for other damages.
What Is the Deadline for Filing Loss of Consortium Claims in Florida?
A loss of consortium claim has the same statute of limitations as the underlying personal injury claim. Therefore, if your loved one has a general negligence claim, the statute of limitations is likely to be two years from the injury or accident date.
There are exceptions to the general two-year statute of limitations for loss of consortium claims. Prompt legal advice from an Orlando personal injury attorney can help you avoid missing the filing deadline for your claim. If you miss the deadline to file a claim, you lose the right to pursue the claim in court.
Get Help From an Orlando Personal Injury Lawyer
If you have questions about loss of consortium claims or personal injury claims, contact our Orlando personal injury law firm at (407) 648-1510 for a free consultation. The best way to protect your rights is to receive trusted legal advice so you understand your options for recovering damages, including deadlines for filing claims.
