Florida law allows the spouse of an injured party to sue the defendant for “loss of consortium.”
Loss of consortium in Florida recognizes that a catastrophic injury can harm the uninjured spouse in ways that do not appear on the injured person’s medical bills.
A spouse may lose companionship, assistance around the home, intimacy, emotional support, and parts of the relationship that existed before the injury.
The claim becomes especially important when a spinal cord injury, traumatic brain injury, amputation, disabling medical error, or other permanent condition fundamentally changes married life.
Hollander Law Firm has represented seriously injured Floridians and their families since 1996 and has recovered tens of millions of dollars through settlements and jury verdicts.
We evaluate these cases from offices in Boca Raton, West Palm Beach, and Fort Lauderdale.
For a free consultation, please call (561) 347-7770 or fill out our online form today.
What Are Damages for Loss Of Consortium?
Under Florida law, loss of consortium is defined as the loss of:
“companionship and fellowship of husband and wife and the right of each to the company, cooperation and aid of the other in every conjugal relation. Consortium means much more than mere sexual relation and consists, also, of that affection, solace, comfort, companionship, conjugal life, fellowship, society and assistance so necessary to a successful marriage.”
The focus is on the difference between the marriage before the injury and the marriage afterward.
Common loss of consortium examples include:
- A spouse becoming a full-time caregiver,
- The couple no longer being able to travel or participate in activities together,
- The injured spouse being unable to care for children or maintain the home,
- Neurological or physical injuries that substantially affect intimacy or communication, and
- The injured spouse not being able to help with everyday tasks like cleaning the house, taking the children to football practice, or walking the dog.
Damages associated with loss of consortium are non-economic damages, akin to pain and suffering or emotional distress.
An award is not automatic because the underlying injury is severe. The spouse claiming consortium must present competent evidence showing how the incident actually affected the marital relationship.
That makes the details of the couple’s life before and after the injury important evidence, rather than background information.
How Can I Claim Loss of Consortium in Florida?
The claim for loss of consortium is filed by the spouse of the injured party.
To seek damages for this loss, the plaintiff must prove:
- They were married when the injury occurred;
- The defendant negligently or intentionally caused injury to the plaintiff’s spouse;
- The defendant’s conduct resulted in foreseeable harm to others; and
- The plaintiff suffered loss of consortium.
The consortium claim is also derivative of the injured spouse’s underlying personal injury case. That means the spouse still needs a legally supportable underlying claim against the defendant. Proof that the marriage changed cannot substitute for proving that the defendant was legally responsible for the injury itself.
The amount of damages is generally a question of fact for the jury.
In its determination of damages, the jury may consider several factors:
- Stability of the marriage,
- Living arrangements of the couple,
- Care and companionship shared between them, and
- Life expectancy of the spouses.
After considering these factors, the charge of the jury is to come up with a “fair and adequate” award.
Can Other Close Parties Besides a Spouse Sue for Loss of Consortium?
Unlike some states, a claim for loss of consortium in Florida isn’t reserved only for a spouse. It is also available for other close relationships. In this case, the loss is often referred to as loss of companionship.
For example, if a child is severely injured or dies in an accident, their parents may sue for loss of companionship due to the child’s injury. Similarly, a child may sue for loss of parental companionship, instruction, and guidance in case of a parent’s serious injury or death.
What Is the Statute of Limitations for Loss of Consortium?
In Florida, a loss of consortium claim arising from ordinary negligence is generally tied to the underlying injury claim. Florida gives an injured person two years to file an action founded on negligence. Because a spouse’s loss of consortium claim is derivative of the injured spouse’s claim, the viability of the consortium claim depends on the underlying case.
Medical malpractice follows a slightly different deadline. A medical malpractice action generally must be filed within two years of the negligent medical incident or within two years of when the malpractice was discovered, or reasonably should have been discovered. Florida also has a four-year statute of repose, which generally prevents a claim from being filed more than four years after the medical incident.
Missing the applicable deadline can result in the underlying injury claim being barred, which can also prevent the spouse from recovering for loss of consortium.
What Are Some Loss of Consortium Examples?
There is no guarantee that a claim for loss of consortium will result in a favorable jury award. Each claim is based on the facts, circumstances, and the jury’s evaluation. But here are two general loss of consortium examples.
Possibly a Successful Claim
Sally is driving her truck home from watching a college football game. Martin, who is driving under the influence of alcohol, carelessly rear-ends Sally. Due to the collision, Sally suffers severe back injuries and has to use a walker for the rest of her life. She can no longer have children.
Due to Martin’s negligence, Sally and her husband, Tom, can’t engage in sexual relations and aren’t able to have children. Sally is limited in how much she can contribute to household chores like making dinner or picking up some groceries. Tom can file a claim for loss of consortium and may prevail.
Likely an Unsuccessful Claim
While visiting Las Vegas, Bob and Theresa drank too much Tequila and got married on the spur of the moment. The next day, they woke up and realized it was all a big mistake. Bob went back to Alabama, and Theresa returned to Florida. They never visited each other and only occasionally had vague discussions about when and how to get a divorce.
Then Bob gets injured in a hunting accident. Theresa hears about it and files a claim for loss of consortium. This claim likely fails because Theresa really lost nothing as a result of Bob’s injuries.
Why Choose Hollander Law Firm?
Choosing the right firm matters when a serious injury has changed your family’s future. Hollander Law Firm offers the experience, local knowledge, proven results, and contingency fee representation that injured families may need when pursuing a significant Florida personal injury claim.
Decades of Personal Injury Experience
Gregg Hollander has practiced law for 30 years, handling serious personal injury and medical malpractice cases throughout Florida. That experience is especially relevant to a loss of consortium claim, where the case must show how a spouse’s injuries changed the marriage and whether those losses are likely to continue.
Gregg understands how to connect medical evidence, permanent limitations, and the couple’s before-and-after circumstances to present those damages clearly.
Millions of Dollars Recovered
Hollander Law Firm has recovered millions of dollars for injured clients through settlements and jury verdicts. Past results cannot guarantee what will happen in a particular case, but they are indicative of our experience evaluating serious damages and presenting claims where the consequences extend well beyond immediate medical expenses.
Local Experience in South Florida
Hollander Law Firm has offices in Boca Raton, West Palm Beach, and Fort Lauderdale and has handled injury claims throughout South Florida for decades. That local experience includes familiarity with the procedures and practices of courts in Palm Beach and Broward counties.
No Upfront Attorney Fees
The firm handles personal injury cases on a contingency fee basis. You do not pay attorney fees upfront, and Hollander Law Firm is paid only if it obtains a settlement or verdict for you. This allows you to have your potential injury and loss of consortium claims evaluated without having to fund attorney fees while your family is already dealing with the financial effects of a serious injury.
FAQs
How Can I Prove Loss of Consortium?
A spouse must prove how the injury actually changed the marriage. Evidence may include:
- Testimony from both spouses. Both spouses can explain what their marriage and daily life looked like before the injury and how the relationship changed afterward. Specific examples of lost assistance, companionship, intimacy, and shared activities can help establish the extent of the loss.
- Medical records and physician testimony. Medical evidence can show how paralysis, chronic pain, cognitive impairment, sexual dysfunction, or other permanent limitations affect the injured spouse’s ability to participate in the marriage. Physician testimony may also help establish whether those limitations are expected to improve or remain permanent.
- Evidence of lost household services. The evidence may document responsibilities the injured spouse handled before the accident, such as cooking, cleaning, childcare, driving, or home maintenance.
- Evidence of lost companionship and shared activities. A couple may no longer be able to travel, exercise, attend social events, participate in hobbies, or enjoy other activities they regularly shared before the injury. Evidence of those changes helps demonstrate how the injury affected the companionship within the marriage.
- Evidence of increased caregiving responsibilities. A serious injury may require the uninjured spouse to assist with bathing, dressing, mobility, medications, transportation, or other daily needs. Showing the extent of that caregiving can help explain how the marital relationship has changed.
How Will the Other Side Counteract My Loss of Consortium Claim?
The defense can challenge that evidence by arguing that the marriage was already strained, the injured spouse had preexisting limitations, household responsibilities were already divided in the same way, or the claimed changes are temporary or unrelated to the accident. It may also scrutinize the extent of the injury to show that the spouse remains capable of the activities the couple claims were lost.
Hollander Law Firm can push back by establishing a clear before-and-after record. That may involve comparing medical evidence with the couple’s prior routines, documenting specific responsibilities and activities that disappeared after the injury, and using medical testimony to explain why certain limitations are expected to continue.
Is There a Cap on Liability for Loss of Consortium?
For most Florida personal injury claims, including medical malpractice cases, there is no generally applicable cap on noneconomic damages such as loss of consortium.
Different limits apply when the defendant is the State of Florida or one of its agencies or subdivisions. Florida’s sovereign immunity law generally limits recovery to $200,000 per person and $300,000 for all claims arising from the same incident, subject to limited exceptions.
Consult a Lawyer For Your Loss of Consortium Claim
A serious injury can affect a marriage in ways that deserve to be considered as part of the overall claim. Those losses should be clearly identified and supported by evidence rather than treated as an afterthought.
Contact Hollander Law Firm online or call (561) 347-7770 for a free consultation to discuss your spouse’s injury and whether you may have a loss of consortium claim under Florida law.
Legal References Used to Inform This Page
To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:
- Waiver of sovereign immunity in tort actions; recovery limits; civil liability for damages caused during a riot; limitation on attorney fees; statute of limitations; exclusions; indemnification; risk management programs, Fla. Stat. § 768.28.
- Limitations other than for the recovery of real property, Fla. Stat. § 95.11.
- ACandS, Inc. v. Redd, 703 So. 2d 492 (Fla. 3d DCA 1997).
- Florida Standard Jury Instructions in Civil Cases. 501.2(d).
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