What is a Loss of Consortium Claim in a Personal Injury Case and Does your Spouse Have One?

Do you have a claim against a negligent party for personal injuries? Are you married?  If you answered yes to both of these questions, your spouse may have a claim for loss of consortium.

Florida law recognizes loss of consortium claims.  Loss of consortium means that an injured plaintiff’s spouse was deprived of marital benefits.  Those benefits include companionship, comfort, assistance, intimacy, and affection. A spouse who suffers loss of consortium may also have a claim for damages against the negligent party.

What does a loss of consortium claim look like?  Let’s say Nancy was in an automobile accident on her way home from work.  A negligent driver caused the accident.  Nancy hurt her back in the accident and needs physical therapy to help her walk again.

Nancy is married to Todd.  Nancy and Todd have two small children. Because of her injuries, Nancy cannot do household chores or care for their children.  Now Todd must handle those things by himself.  Nancy and Todd used to spend quality time together after the kids went to bed. Now Todd is too busy taking care of Nancy to relax with her.  Todd may have a loss of consortium claim.

A spouse seeking a loss of consortium claim must be married to the injured party at the time he or she is injured.  Damages sought are separate from the damages for the injured party’s personal injuries.