Loss of consortium are a type of non-economic damages awarded in wrongful death lawsuits for the loss of emotional support, companionship, affection, and other services that the deceased person can no longer provide for their spouse and children.
Loss of consortium damages can also be awarded in personal injury cases where the injured person can no longer provide the same affection, emotional support, and intimacy for their family.
Spouses, children, and parents of the injured person can sue the negligent party responsible for their loved ones death to be compensation for loss of consortium.
Loss of consortium claims are separate from the injured spouse’s claim for things like medical expenses and lost wages. It recognizes the impact the injuries have had on the relationship itself.
Compensation for loss of consortium is typically recovered in cases involving severe or permanent injuries where the injured spouse may never regain full physical capabilities.
A wrongful death lawyer can help you determine if you have the right to loss of consortium damages in your case. Call today or contact us online for a free consultation.
How to Prove Loss of Consortium as a Spouse
To prove loss of consortium, you need to show evidence of how your spouse’s injuries prevent them from comforting and supporting you like they used to.
You must establish the following legal elements:
- Married at the time of the injury.
- The injuries were caused by someone else’s negligence.
- The injuries negatively impacted the marital relationship, depriving the uninjured spouse of companionship, affection, intimacy, and support.
Common evidence to support loss of consortium claims includes:
- Testimony from the uninjured spouse and the injured spouse about how the injuries have negatively affected their relationship.
- Medical records and testimony from healthcare professionals about the impact of the injuries on the injured spouse’s daily life. Especially symptoms of the injury that can hurt the marriage including limited mobility, low energy, and pain.
- Testimony from counselors, therapists, or other professionals regarding strain on the marriage or emotional distress experienced by the uninjured spouse.
- Evidence of lifestyle changes, like being unable to participate in activities the couple used to enjoy together, changes in living arrangements, or needing additional assistance around the house.
- Examples of household services the injured spouse can no longer perform, like household chores and taking care of children, which result in additional burdens for the uninjured spouse.
Your evidence should demonstrate a substantial impact on the relationship and how your life has been negatively impacted due to your partner’s injuries.
Can Children Recover Damages for Loss of Consortium?
Yes, children can recover damages for loss of consortium when a parent is injured. Loss of consortium claims filed by a child are called “filial consortium” damages.
It’s a common misconception that only spouses are entitled to compensation for loss of consortium, but children are eligible to file a claim if:
- The child is unmarried
- The child is a dependent of the parent who was injured
- The parent suffers a significant permanent injury
This is established in Florida Statutes §768.0415, “A person who, through negligence, causes significant permanent injury to the natural or adoptive parent of an unmarried dependent resulting in a permanent total disability shall be liable to the dependent for damages, including damages for permanent loss of services, comfort, companionship, and society.”
References
Florida Bar Journal – Parental Consortium
Florida Statutes § 768.0415 – Liability for injury to parent.
Loss of Consortium Claims by Unmarried Cohabitants – Indiana University
