Understanding Loss of Consortium in Florida

When someone is harmed or dies due to another person’s careless actions or intentional wrongdoing, their death can have a devastating impact on their spouse and other family members. Florida law recognizes the significant, distinct loss that a spouse suffers. It allows the spouse to recover compensation for “loss of consortium” from the at-fault party in a type of personal injury claim.

What is Loss of Consortium in Florida?

Loss of consortium refers to a loss of companionship, fellowship, affection, comfort, assistance, or sexual intimacy. If a person is seriously injured or killed due to another party’s negligence or misconduct and can no longer provide their family with the same companionship or intimacy as before, their family can sue the at-fault party for loss of consortium.

How Is a Wrongful Death Action Different?

When a person dies because of someone else’s careless or deliberate act, their family can file a wrongful death lawsuit against the person who caused the death. Through a wrongful death case, the family could receive compensation for funeral and burial expenses, medical bills incurred by the deceased person before they passed away, future lost income, pain and suffering, and other losses.

Not all wrongful death cases involve loss of consortium. However, if the victim was married at the time of their death, their spouse can bring a loss of consortium claim along with the wrongful death action.

Who Can Bring a Loss of Consortium Claim?

Loss of consortium claims are generally brought by spouses of individuals who have been injured or killed due to another party’s carelessness or misconduct. The spouse must have been married to the victim prior to the incident to have a legitimate claim.

Other close family members, including children and parents of the victim, could be eligible to file a loss of consortium claim in Florida as well. Under Florida law, if the victim suffers a permanent total disability because of someone else’s negligence, and the person has unmarried, dependent children, the children can seek compensation for permanent loss of services, comfort, companionship, and society.

If a minor child is harmed or killed due to a negligent act or willful misconduct, their parents can also attempt to recover compensation for loss of “filial consortium.”

What Evidence Is Used to Prove Loss of Consortium?

If you are planning to sue someone for loss of consortium, you must be able to demonstrate that the following things are true:

• You were married to the victim at the time they were injured or killed (if filing as a spouse).
• The defendant seriously injured or killed your loved one through negligence or an intentional act.
• You have a valid personal injury claim or wrongful death claim against the defendant.
• You suffered a loss of companionship, love, affection, comfort, or sexual intimacy due to your loved one’s injury or death.

If your spouse did not have a legitimate personal injury or wrongful death claim against the defendant, then you would not be able to seek compensation for loss of consortium. The defendant must have been negligent or engaged in willful misconduct for the claim to be valid. The personal injury or wrongful death claim must be pending against the defendant before you can file a claim.

If you bring a loss of consortium claim, the details of your private life will likely be discussed in court. Because a spouse’s claim for loss of consortium has to do with companionship and intimacy, you might have to answer uncomfortable questions about your sex life. The defendant’s legal team is sure to grill you in an attempt to stop you from recovering compensation. Their line of questioning could be particularly upsetting if your marriage involved any affairs, a separation, or allegations of abuse.

Your relationship with your spouse will be placed under a microscope and heavily scrutinized by the defense. Therefore, it is vital to hire an experienced, compassionate personal injury lawyer who can provide you with the legal and moral support you need to get through tough depositions and emotional court proceedings.

How Are Damages Calculated for Loss of Consortium?

If your spouse was injured or killed through no fault of their own, and they are no longer able to provide you with companionship or intimacy, you could be entitled to collect damages for loss of consortium. Because loss of consortium involves non-financial damages, it will be up to the judge or jury to determine the monetary value of your case. Unlike some other states, there is no cap on the amount of non-economic damages you can recover in Florida.

Through a loss of consortium claim, you could receive compensation for the following:

• Loss of companionship, emotional support, guidance, love, and affection
• Loss of sexual intimacy between spouses
• Emotional damages, including emotional distress, shock, and mental anguish
• Financial support for household/domestic services
• Financial assistance for raising minor children

No amount of money could ever make up for a damaged relationship or the loss of a parent or spouse. But if someone injured your loved one or caused their death, either through negligence or a deliberate act, holding the at-fault party personally and financially accountable in civil court can bring you a measure of justice. Obtaining compensation can also provide you with the financial support you need to raise your kids, hire household help, and begin rebuilding your life.

Is There a Deadline to File a Loss of Consortium Claim?

You have a limited amount of time to file a claim for loss of consortium in Florida. Depending on whether your loved one was injured or killed due to another person’s actions, you may have anywhere from two to two years to file a claim. Florida’s statute of limitations requires that claims based on negligence be brought within two years from the date of injury. Wrongful death claims must be brought within two years from the date of death. You should contact a Florida personal injury lawyer to help you determine the filing deadline for your case. If you miss the deadline, you could be barred from pursuing a claim for loss of consortium.

Get Help from an Experienced, Dedicated Tampa Personal Injury Lawyer Today

At Zervos & Calta, PLLC, we understand how difficult it can be when you lose the companionship and emotional support of your spouse, parent, or child. That’s why we are committed to helping you hold the person who caused your suffering accountable. Contact our Tampa personal injury attorneys today to find out how we can help you to pursue the compensation you deserve.

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About the Author

Lauren Calta
Attorney Lauren Calta is a partner in the Tampa Bay law firm Zervos & Calta, PLLC. For 25 years, Lauren Calta has focused her legal practice on representing people who have been harmed in personal injury, car accidents or lost loved ones due to the negligence of others. A distinguished personal injury trial attorney, she has secured millions of dollars for her clients and is a lifetime member of the Million Dollar and Multi-Million Dollar Advocates Forum in recognition of having obtained a settlement or verdict in excess of $2 million. She also is an official member of Lawyers of Distinction, Tampa Bay Trial Lawyers, Clearwater Bar Association and Florida Justice Association.