Being in a serious accident, such as a car accident, slip and fall, medical malpractice, or any other injury-causing incident, is something that no one ever anticipates. Some incidents are severe enough to cause permanent injuries or disfigurement. When tragedies like this happen, injury victims and their families are unable to live their life as they did before the accident.
Loss of consortium is one of the long-term consequences of a serious injury. This loss has an impact on everyone in the injured victim’s immediate family, specifically the injury victim’s spouse.
What Exactly Constitutes a Loss of Consortium?
When a victim is unable to love and support their family the way they did prior to their accident, this is known as loss of consortium. In a personal injury case, loss of consortium is considered a type of non-economic damage that is meant to compensate for intangible losses, like emotional distress and loss of enjoyment of life.
When an injury victim sustains a chronic or long-term injury, their spouse might file a loss of consortium claim seeking compensation for their loss of companionship and support. These losses may include, lack of intimacy, inability to perform household duties, changes in affection, and overall quality of life.
Calculating non-economic damages can be challenging as it is all subjective and depends on the circumstances of the case. The court might utilize a variety of approaches to decide how much compensation a non-injured spouse is entitled to for loss of consortium. It is important to note that valid consortium claims often have exceptionally high values.
What Elements Go Into Determining Loss of Consortium Claims?
Loss of consortium claims are calculated by considering the long-term challenges that an injury victim and their family members have suffered because of their injuries.
Elements that influence the value of a consortium claim:
- The extent of injuries: How severe are the injuries to the spouse?
- Marriage duration: How long has the couple been married?
- Marriage stability: Was the marriage stable or rocky before the accident happened that resulted in injury?
- Life expectancy: What is the life expectancy of both partners? The younger the spouses are, the more time they are considered to have together, which can impact the value of a consortium claim.
- Relationship quality: What was the relationship like before the accident injury? What was the level of intimacy, affection, emotional support, etc.?
- Role in the family: What was the spouse’s role in the family? Were they the primary breadwinner? Were they the primary caregiver to any shared children?
The court may need testimony from family members or doctors to evaluate how a victim’s injuries affected their spouse and children. Expert witnesses might be needed to describe the extent of your loved one’s injuries and their impact on your family’s life.
Who Can Bring a Claim for Loss of Consortium?
One may assume that loss of consortium claims are filed by injury victims, but only the spouse of an accident injury victim may pursue a loss of consortium claim under Florida law. Loss of consortium claims are filled separately from the injured spouse’s personal injury claim. Even though they may contain the same facts and evidence, the personal injury claim is filed by the injury victim and the loss of consortium claim is filed by the spouse.
Crucial Considerations Prior to Filing a Loss of Consortium Claim
Loss of consortium claims bring up many intense and highly personal information, that some people may not wish to disclose or discuss. These claims involve inquiries into the couple’s sex life and other intimate details concerning their relationship with their now-injured partner. The attorneys for the other side may say things that offend you or criticize your relationship with your spouse in attempts to weaken your claim for compensation. It is important to be prepared for these types of obstacles when pursuing a consortium claim. You should absolutely speak to a personal injury lawyer about your claim so that they can explain the entire process to you so that you can decide on how you wish to proceed.
Our Florida Injury Lawyers Can Help With Your Loss of Consortium Claim
If you have been injured in an accident, our Florida Injury Lawyers at Whittel & Melton can help you figure out if your spouse is eligible for a loss of consortium claim. If so, we can delve into your relationship and place a fair dollar amount on your total losses.
Call us today at 866-608-5529 or contact us online for a free consultation so that we can discuss the details of your case and help you understand what your legal options are.