When someone suffers a serious injury, the effects are rarely limited to the injured person alone. Family members often face emotional, financial, and relational struggles that can deeply affect their lives. One important legal claim that recognizes these hardships is called loss of consortium.
In Florida, spouses and sometimes family members are able to recover damages when a loved one’s injury disrupts their relationship. This article explains what loss of consortium means, how it works in Florida personal injury cases, and what factors courts consider when awarding compensation.
What Is Loss of Consortium?
Loss of consortium refers to the loss of benefits that a family relationship provides when one person is injured due to another’s negligence.
This does not only mean physical companionship, but also includes:
- Love and affection
- Emotional support
- Intimacy
- Household services
- Parenting and guidance
In other words, it addresses the ways an injury damages the personal side of a marriage or family relationship.
Who Can File a Loss of Consortium Claim in Florida?
In Florida, the right to bring a loss of consortium claim usually belongs to the injured person’s spouse. The law recognizes that a spouse can suffer when their partner can no longer share in life the way they once did.
Parents may also pursue a loss of consortium claim in limited situations, such as when a child is severely injured. Similarly, children can claim loss of parental consortium if a parent suffers a life-altering injury. These claims are more complex and depend on specific circumstances.
How Loss of Consortium Works in a Personal Injury Case
A loss of consortium claim is not filed on its own. Instead, it is typically part of a larger personal injury lawsuit. The injured person brings the main claim, and their spouse or family member adds the loss of consortium claim.
Because loss of consortium is considered a derivative claim, it depends on the success of the personal injury case. If the injured person does not win their case, the family member cannot recover damages for loss of consortium.
Proving Loss of Consortium
Unlike medical bills or lost wages, loss of consortium is not easy to calculate. It focuses on personal and emotional harm. To succeed in such a claim, the spouse or family member must show that the injury has seriously damaged the relationship.
Evidence in these cases may include:
- Testimony from the injured person and their spouse about changes in their relationship
- Statements from friends, family, or counselors
- Records showing how the injured person’s ability to contribute to the household has changed
The court will then decide how much compensation is fair based on the evidence.
Damages in a Loss of Consortium Claim
The amount awarded for loss of consortium varies widely. Florida courts consider several factors, including:
- The strength and quality of the relationship before the injury
- The severity and permanence of the injury
- The age and life expectancy of the injured person and their spouse
- The extent of the loss of companionship, intimacy, and household contributions
Because these damages are not financial in nature, they fall under the category of non-economic damages.
Challenges in Loss of Consortium Claims
Although important, these claims are not always easy to win. Insurance companies often argue that the impact is exaggerated or difficult to prove. Defense lawyers may claim that the marriage already had problems before the injury or that the spouse’s suffering is less significant than stated. This is why having an experienced personal injury attorney in Florida is essential. A lawyer can gather evidence, present a strong case, and fight for fair compensation on behalf of both the injured person and their family.
The Role of an Experienced Florida Injury Lawyer
Loss of consortium claims require careful handling. Since they are closely tied to the personal injury case, it is important to work with a lawyer who understands how to prove the full impact of the accident.
A strong legal team can show the jury not only how the injury changed the victim’s life, but also how it has deeply affected their spouse or family. By seeking legal help, families can ensure their voices are heard and their suffering is recognized in court.
Contact Coker Law Personal Injury Lawyers for a Free Consultation With a Jacksonville Personal Injury Lawyer
At Coker Law Personal Injury Lawyers, we’ve helped Florida families navigate some of the most difficult moments of their lives. With decades of experience and a proven record of success, our Jacksonville personal injury lawyers understand how to handle loss of consortium claims with care and determination.
We offer a free consultation and work on a contingency fee basis — meaning you pay nothing unless we win compensation for your family. Call us today to learn how we can protect your rights and help you move forward.
For more information, please contact the Jacksonville personal injury law firm of Coker Law Personal Injury Lawyers and schedule a free consultation today.
We serve Duval County and its surrounding areas.
Coker Law Personal Injury Lawyers
136 E Bay St #5438
Jacksonville, FL 32202
(904) 356-6071
Find us with our Geo Coordinates: 30.32569719086265, -81.65515220132858
