Attorney At Buckman & Buckman P.A.
Practice Areas: Personal Injury & Estate Planning
Last Updated: April 7, 2025
When someone gets seriously hurt because of another person’s carelessness, the victim isn’t the only one affected. Their loved ones may also profoundly feel the impact of their injuries. For spouses and close family members, the injury can mean losing the companionship, affection, and support they once shared. In legal terms, this type of harm is called loss of consortium.
Buckman & Buckman P.A. is a trusted law firm in Sarasota, Florida. They offer years of experience helping families in personal injury cases, including loss of consortium claims. The firm’s attorneys understand how challenging it can be to cope with these kinds of losses and are dedicated to helping families get fair compensation.
This blog will explain what loss of consortium means, who can file these claims, how the law in Florida works, and what challenges you might face. We’ll also look at how compensation is determined and what you can do if you need to file a claim. By the end, you’ll have a clear understanding of how to protect your rights and seek justice for the losses your family has suffered.
What is Loss of Consortium?
Loss of consortium refers to the loss of companionship, affection, emotional support, and sometimes sexual relations that a spouse or close family member suffers when their loved one is seriously injured. These claims are not about financial losses. Instead, they focus on the emotional and relational impact of the injury.
For example, suppose a spouse is left paralyzed or severely disabled due to a car accident. In that case, their partner may suffer from the loss of intimacy, shared activities, and the overall quality of the marital relationship. This type of loss is deeply personal and cannot be measured in simple economic terms. As such, it represents one of the more challenging aspects of personal injury law.
Loss of consortium refers to the loss or impairment of the intangible benefits of a relationship.
The key idea is that the injured person’s spouse or family member can seek compensation for these intangible losses as part of a personal injury lawsuit. However, proving such claims requires a careful and detailed presentation of how the injury has disrupted the family dynamics and relationships.
Who Can File a Loss of Consortium Claim in Florida?
In Florida, spouses primarily have the right to file loss of consortium claims or lawsuits. However, depending on the circumstances, children and even parents might have the right to file such claims.
Spouses
Spouses are the most common claimants in loss of consortium cases. When a person is injured due to someone else’s negligence, their spouse can file a claim to get compensation for their loss of companionship, affection, emotional support, and sexual relations. This type of claim acknowledges that a spouse’s injury can profoundly alter the marital relationship’s quality.
For instance, if a husband suffers a traumatic brain injury that prevents him from communicating effectively or participating in family activities, his wife may file a loss of consortium claim to address the emotional and relational damages she has experienced.
Children and Parents
Florida Statute §768.0415 allows children to file loss of consortium claims if a parent suffers a permanent total disability due to someone else’s negligence. In these cases, the children can seek compensation for the loss of parental guidance, affection, and emotional support.
Parents, however, have a more limited right to file loss of consortium claims in Florida. Generally, courts only consider parental loss of consortium lawsuits if the child has been severely injured and is either a minor or has been rendered permanently disabled.
In Florida, loss of consortium is the loss of family relations after a personal injury or accident.
Legal Framework for Loss of Consortium Claims in Florida
Understanding the legal context for loss of consortium claims in Florida is crucial for anyone considering filing one. Florida has specific statutes and case law that define how these claims can be pursued.
Key Legal References
- Florida Statute §768.0415 permits children to sue for loss of consortium when a parent suffers a permanent total disability. It ensures that children can seek compensation for the loss of parental affection, guidance, and support.
- Gates v. Foley: This significant case in Florida clarified that spouses could seek compensation for loss of consortium, focusing on the loss of companionship, affection, and sexual relations in a marriage.
These laws serve as the foundation for filing loss of consortium claims. They also highlight the importance of understanding the specific legal requirements and precedents in Florida.
How to Prove a Loss of Consortium Claim
Filing a loss of consortium claim involves proving subjective and emotional losses. Doing so can be challenging. Courts require clear and compelling evidence to support such claims. Here are the key elements that must be proven:
Key Elements to Prove
- Existence of a Valid Family Relationship: The claimant must prove that they had a legally recognized relationship with the injured party, such as a lawful marriage or, in some cases, a parent-child relationship.
- Tortious Injury: It must be established that the injury resulted from another party’s negligence or wrongdoing.
- Loss of Consortium Suffered: The claimant must detail how the injury has deprived them of companionship, affection, emotional support, or other relational benefits.
- Causation: There must be a clear link between the injury and the loss of consortium experienced.
Proving these elements often requires witness testimonies, psychological assessments, and detailed descriptions of how the relationship has changed since the injury. Presenting these elements in a convincing manner is essential to building a strong case.
Factors That Influence Compensation in Loss of Consortium Claims
Compensation for loss of consortium is classified as non-economic damages. It addresses intangible losses that lack a clear monetary value. Courts consider various factors when determining the compensation amount.
| Factor | Description |
| Stability of the Relationship | Duration and quality of the marriage or familial relationship prior to the injury. |
| Life Expectancy | Consideration of the expected lifespan of both the injured party and the claimant. |
| Severity of Injury | How significantly the injury has affected the relationship’s dynamics. |
| Nature of Loss | Specific aspects of consortium lost, such as companionship, affection, or sexual relations. |
| Evidence Presented | Quality of evidence and testimonies supporting the claimed loss. |
Since these damages are non-economic, presenting strong and credible evidence is crucial to securing fair compensation.
Challenges in Filing a Loss of Consortium Claim
Despite the potential for significant compensation, pursuing a loss of consortium claim comes with challenges. Common hurdles include:
Proving the Extent of the Loss
The loss of consortium involves non-economic damages. Thus, quantifying the extent of the loss is inherently subjective. The defense may argue that the impact on the relationship is minimal or that pre-existing issues in the marriage caused the perceived loss.
Statute of Limitations
The statute of limitations for filing a loss of consortium lawsuit in Florida is typically four years from the date of the injury. Missing this deadline can result in losing the right to sue for compensation.
The statute of limitations for loss of consortium claims in Florida is generally four years from the date of the injury.
Frequently Asked Questions
What is loss of consortium in a personal injury case?
Loss of consortium refers to the deprivation of the benefits of a family relationship due to injuries caused by a tortfeasor.
Who can file a loss of consortium claim in Florida?
Primarily, spouses can file such claims. Children may also have the right under specific circumstances, such as when a parent suffers a permanent total disability.
How is loss of consortium damages calculated?
There is no standard formula. Compensation is subjective and considers factors like the relationship’s stability and the injury’s impact on consortium benefits.
What challenges arise when filing a loss of consortium claim?
Challenges include proving the extent of the loss and overcoming defenses that argue the loss is minimal or due to pre-existing relationship issues.
Is there a time limit for filing a loss of consortium lawsuit in Florida?
Yes, typically, you have four years from the date of the injury to file such a lawsuit in Florida.
Get Help With a Florida Loss of Consortium Claim
Loss of consortium claims serve an essential purpose in certain personal injury cases. Specifically, they address the emotional and relational toll that a serious injury can have on families. These claims allow spouses and, in some cases, children to seek compensation for the loss of companionship, affection, and support that an injured loved one can no longer provide. However, proving and winning these claims can be challenging due to their subjective nature.
Given the complexities involved, it’s essential to have experienced legal guidance. Buckman & Buckman P.A. understands the sensitive nature of these cases and has the expertise to help you build a strong claim. If your family has been affected by a serious injury and you want to explore your options for a loss of consortium claim, reaching out to their team can be a valuable first step towards protecting your rights, and your losses are acknowledged.
