When Can You Seek “Loss of Consortium” Damages in a Florida Personal Injury Case?
When a person sustains serious, life-altering injuries in an accident, the impact is often felt by their families as well. While these losses may be difficult to quantify in the same sense as medical bills or the costs of repairing a damaged car, they are still quite real. And in many cases, compensation for such losses may be available through a loss of consortium claim.
What Is a Loss of Consortium?
A loss of consortium basically refers to the loss of intangible benefits associated with a family relationship. For example, if an accident victim is married, their spouse can seek compensation for their loss of consortium. As the Florida Supreme Court explained in Gates v. Foley, a landmark 1971 decision on this subject, consortium means “the 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.”
To be clear, loss of consortium does not include the loss of an injured spouse’s financial support. Those losses form part of the injured victim’s economic damages. Loss of consortium is a form of non-economic damages.
In Gates, the Supreme Court continued to recognize the longstanding Florida common law rule permitting loss of consortium claims in personal injury cases. The Gates decision extended this right to married women, as the traditional common law rule only allowed men to seek loss of consortium damages for injuries to their wives. Today, loss of consortium claims may be brought by any married person regardless of sex or gender.
Additionally, Section 768.0415 of the Florida Statutes recognizes a claim for a “loss of parental consortium.” This applies to cases where the victim suffers a permanent total disability due to the negligent actions of the defendant. In these cases, the dependent children of the victim can seek loss of parental consortium damages against the defendant. The Florida Supreme Court also recognizes a common law right for parents to file a similar claim for “loss of filial consortium” if their child suffers a total disability in an accident.
Limits on Consortium Claims in Boating Accidents
A final thing to note on this topic is that loss of consortium claims are not permitted in every kind of personal injury case. For example, a federal magistrate judge here in Florida recently rejected such a claim in a case arising from a boating accident. In this case, Struve v. Brown, the wife of a man who suffered injuries in the accident sought loss of consortium damages as part of a lawsuit filed against the allegedly negligent boater and an insurance company.
The insurance company argued that loss of consortium is not a recognized form of damages in cases arising under maritime law. The magistrate judge agreed. While most personal injury claims, such as those involving car accidents, are governed by Florida state law, boating accidents often fall under federal maritime jurisdiction. And as the magistrate explained, maritime law generally does not allow loss of consortium claims in personal injury cases. There are exceptions for cases involving state wrongful death claims and accidents that occur entirely within Florida waters. But neither of those exceptions applied to the Struve case, so the wife was not allowed to proceed with her loss of consortium claim.
Contact a Pasco County Boat Accident Attorney Today
If you, or someone you care about, is seriously injured in an accident that occurs in or around Florida waters, it is important to seek out legal advice from a qualified Pasco County boat accident attorney. Contact Wendy Doyle-Palumbo, Esq., today at (727) 233-2134 to schedule a consultation.
Source:
scholar.google.com/scholar_case?case=9303006070288672297