Loss of Consortium: Seeking Compensation for the Loss of a Spouse’s Companionship

When a person is severely injured due to the negligence of another, the ramifications often extend beyond just the injured individual. Spouses in particular can suffer tremendously when their partner is harmed. The loss of companionship, intimacy, and services that one spouse provides to another is referred to legally as “loss of consortium.”
If you have lost the support and partnership of your spouse due to an injury caused by someone else, you may have a claim for loss of consortium damages. This refers to compensation for the loss of your marital benefits and rights. While money cannot make up for the absence of your spouse, it can help provide for costs associated with their care and your changed circumstances.
What Does Loss of Consortium Cover?
Loss of consortium encompasses several aspects of the marital relationship that are impacted when one spouse is seriously injured. This includes:
• Loss of companionship – The loss of your spouse’s love, companionship, and presence in your daily life activities. This refers to shared social, emotional, and recreational activities you can no longer enjoy together.
• Loss of intimacy – The inability to maintain physical intimacy and sexual relations with your spouse at previous levels due to their injuries.
• Loss of services – The loss of your spouse’s provision of services like household help, transportation, financial support, parenting, and more that they can no longer adequately provide.
• Loss of support and guidance – Your spouse’s inability to offer the level of emotional, moral, and psychological support you previously relied on.
Establishing a Loss of Consortium Claim
For a loss of consortium claim to be valid in Florida, the following criteria must be met:
• Your spouse suffered significant injury or harm due to the proven negligence of another party (such as in a car accident).
• You have experienced a related loss of your spousal benefits and companionship as a direct result of those injuries.
• The injuries to your spouse were severe enough to substantially change your marital relationship, rather than being minor or temporary.
• Your claim is filed alongside your spouse’s personal injury lawsuit against the negligent party. Loss of consortium is considered a derivative claim, meaning it stems directly from your spouse’s injury lawsuit.
It’s important to take prompt legal action if you wish to recover consortium damages, as strict time limits apply. An experienced Florida personal injury attorney can help build a strong claim demonstrating how your spouse’s absence has negatively impacted your life. Keeping detailed records of how your daily activities, responsibilities, and budget have changed can help validate your consortium losses.
Receiving Compensation for Your Losses
If successful, consortium claims can lead to compensation for both economic and non-economic damages. Economic damages cover tangible financial losses related to your spouse’s injury and absence. This can include costs like:
• Medical bills for your spouse’s treatment
• Home healthcare equipment and assistance
• Lost wages and income
• Transportation for visiting your spouse
• Housekeeping and childcare help
Non-economic damages compensate for the emotional and social toll of losing your spouse’s companionship. A dollar amount is placed on losses like diminished intimacy, affection, spousal support, and shared activities. These intangible losses are complex to quantify, so having an attorney experienced in calculating just consortium damages is essential.
Don’t struggle alone if you’ve lost your spouse’s companionship due to another’s negligence. Our attorneys are here to help Florida residents recover consortium compensation. Contact us for a free consultation to discuss your specific situation. We can help you seek justice and better cope with this difficult life change.
Visit one of our offices at:
• Orlando – 315 Park Lake Cir., Orlando, FL 32803
• Tampa – 11700 N. 58th St., Ste. A, Temple Terrace, FL 33617
• Kissimmee – 1052 E. Osceola Parkway, Kissimmee, FL 34744
• Poinciana – 4663 Old Pleasant Hill Road, Poinciana, FL 34759
• Davenport – 40230 US Highway 27, Suite 140, Davenport, FL 33837
• Bradenton – 409 6th Avenue East, Bradenton, FL 34208
Or call now for a free consultation on (888) 522-0222.