Negotiating Loss of Consortium in a Florida Personal Injury CaseTampa Bay Legal News
Accidents often bring more than just physical injuries. They can also be the source of emotional trauma to the victim, as well as their family. When a person’s careless or malevolent behavior caused injury to your loved one and caused you to suffer emotional trauma, you might have grounds for a lawsuit.
One kind of emotional trauma people often endure is called “loss of consortium”, or sometimes “loss of companionship”. If you are unable to benefit from and enjoy your relationship with the victim the same way you were able to before their accident, you could have a valid case for loss of consortium.
What Does Loss of Consortium Mean?
In the case of Gates v. Foley, the Florida Supreme Court laid out the definition of consortium as the fellowship and companionship between a wife and a husband and the rights that each of them has to the cooperation, aid, and the company of the other in person in every marital relation.
The court stated that a consortium is made up of more than a relationship that is sexual in nature and includes the solace, affection, companionship, comfort, fellowship, conjugal life, assistance, and society that are essential in any successful marriage.
What Damages Are Involved?
Loss of consortium cases are designed to offer financial compensation to a husband or wife for any non-economic damages they endured that were caused by the victim’s accident-related injury. Non-economic damages deal with the intangible instead of traditional economic damages.
Losses could include:
- Assistance in all aspects of bringing up children
- Help around the house
- Sexual relationship
Non-economic damages may also be intended to offset emotional injury such as:
- Mental distress
- Emotional anguish
It is important for you to keep in mind that a loss of consortium claim in Florida brings with it a large degree of invasion of privacy. A Tampa defense attorney is going to have to ask you questions that are personal in nature and you will have to discuss some sensitive issues. For example, if either spouse ever had an affair, you should expect that to be entered into the record and to be questioned about it at length.
As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim. Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.
If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.