Main Office

Oaks Plaza – 14125 NW 80th Ave, Suite 400 – Miami Lakes

(305) 374-1011

weinstein cohen logo

Naples Office

2325 Stanford Court, Naples, Florida 34112

(239) 793-3331

Main Office

Oaks Plaza – 14125 NW 80th Ave, Suite 400 – Miami Lakes

(305) 374-1011

Naples Office

2325 Stanford Court, Naples, Florida 34112

(239) 793-3331

Loss of Consortium Claims in South Florida

Loss of Consortium Claims in South Florida

by | 0 comments

In the aftermath of a personal injury, the impact often extends well beyond the suffering of the person injured. The injury often affects relationships and emotional well-being of the victim’s loved ones. Loss of consortium is a legal term that addresses the damage done to the companionship, affection, and intimacy between spouses due to one partner’s injury. Understanding loss of consortium in the context of Florida law is crucial for those seeking justice and compensation. In this post, we delve into the intricacies of these claims. We also examine how to prove them and the essential steps in filing a lawsuit.

What Does Loss of Consortium Mean?

It refers to the negative impact an injury can have on the relationship between spouses. This legal concept recognizes that injuries harm the individual physically and emotionally. And they can also disrupt the essential aspects of their personal relationship. In Florida, loss of consortium claims can be made by the uninjured spouse in conjunction with a personal injury lawsuit by the injured party.

Proof

Proving it requires establishing that the injury to one spouse has resulted in a significant loss of companionship, support, and intimacy to the other spouse. Here are key factors to consider when presenting this type of claim.

  • Demonstrating a Valid Relationship: Provide evidence of a valid and existing relationship between the injured party and the claimant. Illustrate the nature and strength of the relationship before and after the injury.
  • Expert Testimony: Expert witnesses, such as psychologists or marriage counselors, may be called upon to testify. They address the impact of the injury on the relationship.
  • Medical Evidence: Present medical records that highlight the physical and emotional consequences of the injury. Link these consequences to the observed changes in the relationship.

Bringing a Lawsuit

When initiating a lawsuit for loss of consortium in South Florida, there are several crucial steps to follow.

  • Consultation with an Attorney: Seek legal advice from an experienced personal injury attorney, such as Weinstein & Cohen, who can assess the viability of a loss of consortium claim.
  • File a Personal Injury Lawsuit: Initiate a personal injury lawsuit against the party responsible for the injury to the spouse. In Florida, loss of consortium claims are often presented in conjunction with personal injury claims.
  • Clearly Articulate Damages: Clearly outline the damages suffered due to the loss of consortium, providing evidence and expert testimony.

What to Know About Filing a Claim

  • Statute of Limitations: In Florida, there are strict deadlines for filing personal injury claims. Ensure that you adhere to the statute of limitations.
  • Joint Filing: Loss of consortium claims are usually joined with the injured spouse’s personal injury lawsuit, streamlining the legal process.
  • Seeking Fair Compensation: Work with your attorney to determine a fair and comprehensive compensation amount that reflects the extent of the loss of consortium.

Navigating Loss of Consortium Claims in South Florida

Loss of consortium is a complex legal concept that requires a nuanced understanding of personal injury law in Florida. If you or your loved one has experienced a personal injury that has impacted your relationship, consulting with experienced attorneys like Weinstein & Cohen is crucial. By following the proper legal procedures and presenting compelling evidence, you can seek the justice and compensation you deserve for the emotional toll of the injury on your relationships.

For more information, visit fairnessforall.com or call our office directly in South Florida at 305-374-1011 or in Southwest Florida at 239-793-3331.

About Author

W&C

Our team has demonstrated the ability to achieve fair and just compensation for our clients . We provide potential clients with verifiable results from a variety of our cases; both large and small but all important to each individual person.