You can sue for loss of consortium in Florida if you or a loved one was injured or killed in an accident caused by someone else’s negligence. It is typically one of the recoverable damages in a personal injury or wrongful death case. Loss of consortium is considered a non-economic or intangible loss. As such, it can be challenging to assign a monetary value.
If a personal injury attorney represents you, they can help you understand how loss of consortium and other non-economic damages are assessed. Additional non-economic damages in your case may include pain and suffering, mental and emotional anguish, and diminished quality of life.
How Does Florida Law Define Loss of Consortium?
The word “consortium” is often associated with sexual activity, leading many people to believe it covers the loss of the ability to maintain physical affection. However, consortium means much more than that.
Consortium can more accurately be defined as a loss of a meaningful relationship when one party can no longer participate in the relationship. This can include the loss of a spouse and the relationship you previously enjoyed. According to Florida Statutes § 768.0415, you could also be entitled to loss of parental consortium if you are a minor at the time of your parent’s injury or death.
The personal injury lawyer who handles your case will ensure you understand what a personal injury settlement covers. They may even consult experts like economists to ensure the financial value assigned to your case is comprehensive and accurate.
Is There a Time Limit on Loss of Consortium Compensation?
According to Florida Statutes § 95.11, there is a time limit on all forms of personal injury compensation. Accordingly, you generally have:
- Up to two years from the date of a loved one’s death to file a wrongful death lawsuit
- Up to two years from the date of injury or discovery to file a medical malpractice lawsuit
- Up to two years from the date of an accident to file a personal injury lawsuit
While complying with the appropriate filing deadline is an important part of your case, it is also a complicated one. Many circumstances can cause a fluctuation in the statute of limitations. The best way to ensure compliance is to let a personal injury lawyer handle it for you.
Who Can File an Action for Loss of Consortium?
A loss of consortium claim can be part of a personal injury or wrongful death lawsuit. In Florida, any injured party can file a personal injury lawsuit. According to Florida Statutes § 768.18, the following parties may file a wrongful death lawsuit:
- The decedent’s parents
- The decedent’s spouse
- The decedent’s children
Marital status and familial relationships may allow others to seek compensation. Your lawyer can ensure the appropriate party files the appropriate legal action.
How Do I Prove a Loss of Consortium Occurred?
To hold an at-fault party financially liable for loss of consortium, you must prove their negligence. This generally means proving the at-fault party:
- Owed you a duty of care
- Failed to provide that duty of care
- Caused your injuries or your loved one’s death
- Caused financial damages
Your lawyer will work to help you prove these elements of negligence. They will also document the parameters that define the loss of consortium. These can include:
- The legal status of your marriage
- Your marital living arrangements
- The companionship you shared
Your lawyer may also collect evidence of parental consortium. This can include the depth of the parental relationship and the injured party’s role in the parental relationship.
What Other Damages Can I Recover in a Personal Injury or Wrongful Death Case?
Personal injury and wrongful death compensation can vary greatly from case to case. in general, additional non-economic damages may include:
- Physical impairment
- Physical disfigurement
- Pain and suffering
- Mental anguish
- Emotional distress
- Loss of enjoyment of life
You can also recover many types of economic damages. These generally include:
- Past and future medical bills
- Past and future loss of income
- Treatment-related travel expenses
- Property damage or destruction
- Diminished property value
- Wrongful death damages, such as funeral and burial expenses, if applicable
On your own, it can be hard to assess the monetary value of your case accurately. A local personal injury attorney will ensure you do not overlook any recoverable damages. Their guidance and direction can ensure your case is not undervalued or underpaid.
Contact Our Personal Injury Law Firm Today
If you were injured or lost a loved one due to someone else’s negligence, you can seek compensation for various non-economic damages in Florida. You can sue for loss of consortium, companionship, and parental guidance and affection after a negligence-based accident.
Learn more about your recoverable damages by contacting our case review team at GED Lawyers today.