The Value of Loss of Consortium and Your Florida Personal Injury CaseTampa Bay Legal News
Accidents typically have consequences that go far beyond simple physical injury. They are also a common source of psychological trauma to the victim and to members of their family as well. When someone’s malicious or careless actions result in serious injuries to your loved one and, by extension, cause you to endure emotional trauma, you may have a basis for a lawsuit.
One type of emotional trauma victims often experience is known as “loss of companionship”, or “loss of consortium”. If the accident has left you incapable of benefitting from and enjoying your relationship with the injured party the same way you could before the accident, you may have a legitimate case for loss of consortium.
What Is Loss of Consortium?
In Gates v. Foley, Florida’s Supreme Court expounded on the definition of consortium as the companionship and fellowship between a husband and wife and the entitlement each has to the company, cooperation, and aid of the other where marital unions are concerned.
The Supreme Court of Florida said that consortium is not comprised of a relationship that is merely sexual in nature, but one that includes the comfort, affection, companionship, solace, society, assistance, fellowship, and conjugal life that are the bedrock of any successful marriage.
What Damages Does It Include?
Loss of consortium claims are intended to award financial compensation to a wife or husband for any accrued non-economic losses that arose from the victim’s injury. Non-economic damages involve things that are intangible rather than traditional economic damages.
Damages might include:
- Help with all facets of child-rearing
- Household help
- Sexual relationship
Non-economic losses can also be awarded to offset emotional issues such as:
- Mental trauma
- Emotional anguish
It is essential for you to remember that a Florida loss of consortium case includes, by necessity, a fair amount of your privacy being invaded. A defense attorney will ask you things that are highly personal in nature and sensitive issues will be laid bare for discussion and examination. For instance, if either spouse, at any point during the marriage, had an affair, you can count on that being brought into evidence and you will 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.