To better understand the loss of consortium damages in Florida, imagine you and your spouse are enjoying your married life to the fullest. Your partner is there as a helping hand in all activities whether it be picking your children from school or helping you out in cooking. Suddenly, you receive a call that your partner suffered from a tragic accident. This could immediately become your worst nightmare. Within split seconds you see your entire world crashing down.
Your injured partner can no longer help you or engage with you or your children. You have lost the joyful moments in life all because of an accident. You must struggle to find hope and options to overcome the situation where you have to fill in for all the appointments along with doing other activities without your partners’ assistance. Experiencing a loss of love and enjoyment because of the accident can be financially compensated.
Accidents not only cause physical injuries. The victim and their family suffer from emotional trauma as well. You can hold the person liable whose negligent actions caused an accident resulting in emotional harm. In Florida, a personal injury lawsuit can be filed to recover the losses. Loss of consortium is also known as loss of companionship as you are unable to enjoy your relationship like you were before the accident.
Depending upon the accident and its intensity, the injuries suffered by the victims, the actions of the negligent driver, and the damages are evaluated. It may differ in each case according to the circumstances. Generally, the compensation may include economic damages such as medical expenses and lost wages whereas in non-economic damages a person may get compensated for pain and suffering due to the accident.
Injuries in an accident can impact the marriage. The victim’s spouse can put forward a claim for the spouse’s loss of consortium. It usually involves damages to cooperation, assistance, and company to each other. This applies to a physical relationship, fellowship, and comfort provided by your spouse.
Loss of Consortium Damages in Florida; Which Damages Can Be Included in the Claim:
Loss of consortium damages in Florida allow compensation for non-economic loss to the marriage due to personal injury. The following damages can be included in loss of consortium claim:
- Lack of ability to assist in house chores
- Damages to sexual relationship
- Loss of assistance in raising children
- Lack of companionship
- Lack of comfort
- Emotional pain, trauma, anxiety, depression
Personal information is required in these cases. Sharing personal details for loss of consortium claim can become overwhelming. You may need a compassionate attorney who can guide you through the steps of effectively filing for the claim while protecting your privacy.
In 2019, the number of medically consulted injuries was 4.5 million. As the number of personal injury incidents increases so does the possibility that more people will face serious challenges in their personal and professional lives.
How Can You Effectively Prove Loss of Consortium Damages?
To win a claim successfully your loved one must have been involved in a personal injury. Furthermore, the personal injury should limit the ongoing relationship with the person filing for the claim.
To prove your case, it is not necessarily required that the injury should be long-lasting. However, in case of minor bruises and bumps, it becomes difficult to prove the loss of consortium. According to the law of Florida, the spouse who suffered injuries is referred to as an impaired spouse. Whereas, the spouse filing for a claim is considered a deprived spouse.
The deprived spouse must be compliant with the following requirements:
- At the time of the accident, marriage is valid between impaired and deprived spouse
- The conduct of the defendant causes loss of consortium
- A significant injury is sustained by the impaired spouse which could be justified
- The deprived spouse suffered the loss of consortium due to injuries sustained by the impaired spouse
In Florida, the loss of consortium case is considered as a derivative of the initial claim put forward by the impaired spouse. A professional personal injury attorney must represent your claim.
Has Your Spouse Been Injured? Get in Touch for Legal Requirements:
An effective claim helps in compensating you for the injured spouse’s inability to perform routine activities. Our highly skilled and experienced team of lawyers offers legal consultation to give you clear guidance in the right direction.
If your spouse has recently been injured and you are considering legal options to attain loss of consortium damages in Florida, contact us immediately. We ensure that your rights are protected while you receive the claim you deserve.