When an individual suffers harm at the hands of another, they are not the only person allowed to file for personal injury damages. The spouse of the injured party is generally allowed to file for loss of consortium, which is a separate claim than the claims of the impaired party.
Loss of consortium has been defined by the Florida Supreme Court as the loss of companionship and fellowship between a husband and wife. The Court stated that a claim for loss of consortium represents the right of each spouse to the company, cooperation, and aid of the other. The loss involved may include affection, solace, comfort, companionship, and the assistance necessary to a successful marriage.
Which Spousal Personal Injury Damages Apply?
Spousal personal injury damages are generally awarded if the person who was injured or killed can no longer provide for his or her spouse or family member with the same measure of love, affection, companionship, comfort or sexual relations that were provided before the incident. Typically, claims for loss of consortium are not granted unless the injured party either dies or suffers a severe and enduring injury(such as paralysis or amputation.)
In establishing appropriate damages for loss of consortium, the court may consider factors such as the stability of the marriage, the life expectancy of both the husband and wife and the nature and extent of the loss. The latter includes a determination of the type of injury and the most likely associated recovery period. The more traumatic the injury, the greater the personal injury damages.
However, spousal personal injury damages are not only limited to the loss of love and affection. A spouse may also file a claim based upon factors such as the additional burden of caring for children alone or having to assume full upkeep for the residence. These claims are relatively easy to put a dollar amount on – such as the cost of hiring a nanny or having to employ a yard care service.
The spouse of an injured party can file a separate claim against the defendant; however, a spouse cannot file for the same injuries or damages. In other words, should a husband be injured in a car accident and sue the defendant for loss of wages, his wife cannot also file personal injury damages for his impaired employment opportunity.
What Constitutes a Personal Injury Claim?
If you or your spouse have been injured as a result of the negligence of another party, you may be facing many challenges as a family. You may have to endure weeks, months or years of rehabilitation or permanent injury. If costly medical bills are added to your situation, families can suffer major emotional stress and damage to their relationships.
Because there are so many mitigating factors in any personal injury case, seeking the advice of a personal injury attorney is a smart idea. Experienced lawyers are well-versed in the Florida personal injury law, as well as in cases similar to your which resulted in a favorable ruling. We can also save you a lot of time, expense and stress if your case is not likely to be successful.
We are here to help you to determine the viability of your case, so it is important that you contact us as soon after the incident as is practical. If you have any questions regarding a personal injury claim for you or your spouse, call the personal injury attorneys at Probinsky & Cole. In Sarasota, Bradenton and Tampa, we are the call to make.
