3 Types of Loss of Consortium Claims in FloridaTampa Bay Legal News
When one party acts in a negligent way and fatally injures another person, the surviving family of the decedent may be able to file a wrongful death claim for monetary compensation. Wrongful death claims are types of personal injury or tort claims. They are civil suits, not criminal, and for this reason, they will only yield financial compensation if the filing party is successful with their claim. If the details of how the victim lost their life were egregious, then it is possible that on top of the damages a family files for, they may also be awarded punitive damages.
In a wrongful death claim in Florida, it is possible to include loss of consortium as a damage. Loss of consortium is also called loss of companionship. Essentially, this damage covers the loss of all personal and intimate aspects that victims would have had with the decedent if they were still alive. Spouses, children, and even parents of a decedent may file a claim for loss of consortium and in the state of Florida, that is their right.
If you lost a loved one in a deadly unintentional injury accident, then you may be eligible to file a wrongful death claim and potentially, loss of consortium may be included. For help with a Florida wrongful death claim, please call the Tampa wrongful death attorneys at Fulgencio Law for support and legal guidance.
Loss of Consortium Claims
Negligence is a factor that must exist for a wrongful claim with loss of consortium as damage to be successful. When negligence cannot be confirmed, then the claim will not yield financial compensation.
Typically, with a wrongful death claim that includes loss of consortium, there are three types that may apply.
- A spouse who was married to the victim at the time of their death may file a loss of consortium claim for the benefits of their marital relationship that were taken away by the fatal incident.
- A child who loses their parent’s mentorship and care can also have a claim filed with loss of consortium for these deficits they will face.
- Parents whose children are substantially and severely injured or die from a fatal injury accident may be able to file a claim for loss of filial consortium.
Loss of consortium may apply to wrongful death incidents, but it could also be used where the injuries that a person suffered are so catastrophic they are unable to engage in average activities with their loved ones. Extensive brain damage or incontinence are some examples of injuries where the loss of consortium would make sense.
Speak with a Florida Wrongful Death Attorney Today
Negligent incidents which result in disabling injuries or death can be a devastating experiences. Surviving family members may never be able to right such wrongs or change their circumstances, but they may be able to hold the negligent party accountable for their actions. For help with a wrongful death or personal injury claim in Florida, the Tampa personal injury attorneys at Fulgencio Law are here for you and will be there for you throughout each step of the process. Call today to schedule a free consultation at (813) 463-0123.