In a personal injury claim, Diaco Law can help you recover compensation for many different kinds of damages. This includes damages for loss of consortium.
Our goal is always to help you maximize the compensation you receive following an accident, so reach out to learn how we can fight for you, or read on to learn what consortium damages are and how they could impact your claim.
What is Loss of Consortium?
Loss of consortium occurs when someone is killed or is hurt in a way that causes them to be unable to maintain a normal relationship with loved ones. Certain family members who are affected by the impaired relationship can pursue a claim for compensation.
What Types of Damages are you Entitled to for Loss of Consortium?
Loss of consortium covers a broad range of potential damage to the relationship, including things like:
- Lost companionship, comfort, affection, or love
- Loss of shared activities, such as the ability to travel together or go on walks together
- Loss of ability to engage in sexual intimacy
- Loss of an emotional connection
- Loss of the ability of a spouse or parent to provide care to children or to provide other services such as housework, cooking, or help with the family finances
Damages for loss of consortium are non-economic damages. There is no actual financial loss, such as when you pay medical bills after an injury. But there is still a severe and substantial loss that loved ones of accident victims should be compensated for.
Who can Pursue a Claim for Loss of Consortium?
Traditionally, loss of consortium claims were brought by the spouse of someone who was killed or who was severely injured.
For example, a husband or wife might pursue a loss of consortium claim if their partner was paralyzed and could no longer engage in intimacy or suffered a traumatic brain injury and experienced substantial impairment of their emotional and cognitive abilities.
Florida Statutes section 768.0415 also makes negligent parties who cause accidents liable for causing “significant permanent injury to the natural or adoptive parent of an unmarried dependent resulting in a permanent total disability.” Dependents who are affected by the death or serious injury of a parent can recover compensation for “permanent loss of services, comfort, companionship, and society.”
How can you Prove You’re entitled to Consortium Damages?
To recover compensation for loss of consortium, you must prove:
- You were married to, or a dependent of, the victim at the time of the permanent severe or fatal injury
- The defendant was negligent, engaged in wrongdoing, or breached a duty to your loved one that caused them to suffer harm
- There are grounds to sue the defendant for personal injury or wrongful death based on their actions and the damage they caused
- You experienced a loss of consortium, including a loss of companionship, shared activities, a shared emotional connection, or services your spouse or parent was providing
Diaco Law can help you to identify the types of evidence you need to present, to determine if you have a loss of consortium claim, and to prove the extent of your consortium damages.
To find out more about how our Tampa loss of consortium attorneys can help you, give us a call or contact us online today to schedule your free consultation.