How To Prove Loss Of Consortium In A Florida Wrongful Death Claim

In this article, you will discover:

• What is loss of consortium according to Florida personal injury law.
• Who can claim loss of consortium under Florida law.
• How damages for loss of consortium are calculated under Florida law.

What Is “Loss Of Consortium” Under Florida Personal Injury Law?

Loss of consortium refers to the damage suffered when a person’s spouse is injured due to the liability of a third party. It includes components of lack of sexual relations, the loss of companionship, and having to care for a spouse who otherwise would not need such care in the absence of their injury.

Who Can Claim Loss Of Consortium In Florida?

Only a legally married spouse can claim loss of consortium due to a personal injury in the State of Florida.

How Do Courts Evaluate Emotional And Relational Damages?

The value of a claim for loss of consortium ultimately rests with the jury in any given case. There will be testimony and, perhaps, photographs or other evidence to establish a loss of consortium.

The success of your claim is a matter of providing the most compelling evidence that you can to a jury. For example, the non-injured spouse will typically give testimony on how the relationship has changed due to their spouse’s injury. Photographs often establish what a person used to do before the injury but can no longer do.

While testimony can offer the same evidence, photographs can demonstrate that a person engaged in a particular activity, such as water skiing, before the injury.

Attorney Christopher Russo is a skilled and trusted lawyer based in Lakeland, Florida, who has helped numerous clients, like you, in Lakeland, Winter Haven, Bartow, Haines City, Davenport, Championsgate, and Lake Wales navigate the intricacies of wrongful death law. With over 15 years of experience, he is prepared to assist you in gathering and presenting evidence to prove loss of consortium and its impact on your life, ensuring you are justly compensated.

Still have questions? Ready to get started? Contact Russo Law today to schedule an initial consultation.

What Legal Hurdles Exist In Proving Non-Economic Damages?

Non-economic damages mainly refer to pain and suffering in a Florida personal injury case. Pain and suffering are often established with a combination of medical records and testimony from the plaintiff.

The jury in a personal injury case is often tasked with:

• Using the medical records to evaluate the extent of a plaintiff’s injury
• Combining the medical evidence with testimony from the plaintiff to arrive at a “fair” number for pain and suffering

Pain and suffering are typically broken down into separate figures for past and future pain and suffering.

What Kind Of Evidence Can Support A Loss Of Consortium Claim?

Testimony, photographs, and medical testimony often support loss of consortium claims. These types of evidence have a combined effect of giving the jury an understanding of the difficulties an injured plaintiff faces in everyday life and how those difficulties affect the life of the non-injured spouse.

For example, a significant case for loss of consortium would be paralysis that requires the spouse to provide substantial care to the injured plaintiff, including pushing them in a wheelchair.

How Long Do I Have To File This Type Of Claim In Florida?

The statute of limitations for negligence cases in Florida, effective after March 24, 2023, is two years from the date of injury. Before that date, the statute of limitations was four years.

Still Have Questions? Ready To Get Started?

For more information on loss of consortium in a Florida wrongful death case, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (863) 201-5918 today.