The legal world may be full of battles to be won and cases to be fought, but some fights are closer to the heart than others. One such fight is a Florida personal injury case involving the loss of consortium. You may wonder due to its confusing terminology and what it entails; Loss of consortium is simply the loss of companionship.
The origins of a loss of consortium lawsuit are intrinsically linked with the institute of marriage. While laws and courts have upheld the intimate relationship between a man and his wife, they also offer plenty of protection. If one of the members of this relation suffers injuries or dies, the aggrieved party can sue the person at fault for negligence.
Loss of Consortium Explained:
Loss of consortium refers to a spouse’s inability to get meaningful companionship due to loss due to injury or death. The most common notion is to think of it as the inability to have sexual relations. While this is true in the case of a spouse, loss of companionship entails a broader net.
It includes emotions such as love, affection, comfort, safety, companionship, and sexual relations. Hence, it can easily be extended to other members such as parents and children with whom you share such an emotional connection. According to this judgment, the loss suffered by a spouse may be recovered from the defendant.
Damages Included in a Loss of Consortium Case:
The damages included in a loss of consortium case can be diverse. For this reason, you need the best personal injury attorney Tampa, Florida, has to offer. Loss of consortium includes financial damages accrued by the companion as well as non-economic damages.
The economic damages are straightforward compensation for the envisaged loss in terms of productivity and the economic setbacks a partner faces if they lose the other. However, non-economic damages involve compensation for the intangible, which can prove to be tricky.
Intangible compensation or compensation for feelings and emotions is very subjective. In this case, you can be asked many questions in front of a court. That’s why you need to be prepared to divulge your private details in front of the court. This is why you need a Tampa personal injury lawyer for guidance.
Other Types of Loss of Consortium Cases:
The primary objective of the loss of consortium cases is to offer monetary relief to the aggrieved party to make them whole for the damages suffered. However, it is not possible sometimes to assign a number to subjective feelings such as love and affection.
The court still tries to consider such intangible assets and orders the accused to pay the plaintiff in this regard. Apart from the case filed by a spouse, there is also a loss of consortium cases filed by a parent or a child.
Cases such as these are known as filial consortium as this entails the loss of a child or a parent and their affections, care, and companionship. Many states allow for filial damages when the child dies; However, some states also grant damages when the child suffers intensive injuries.
How a Tampa, FL Personal Injury Attorney Recommends Proving Loss of Consortium:
Proving loss of consortium is somewhat different than proving a regular Florida personal injury case. The questions asked in proving such a claim vary from court to court and often revolve around the premise that the companionship was a successful and nurturing one.
Common questions asked in this regard include the stability of the marriage, the living arrangements, arrangements of care between the spouses, role in child-rearing, and so on. Such questions are personal, and some individuals may not be comfortable answering in front of a court.
The key to proving a loss of consortium case involves establishing that the marriage was a stable one and the spouses offered each other solace in grief. Also, it is important to prove that the defendant is guilty of neglect in causing injuries or death to the partner, which has resulted in the loss of companionship.
Personal Injury Lawyers in Tampa for Your Personal Injury Case:
Cases involving loss of consortium can be somewhat tricky as they involve non-economic damages and the understanding of intangible assets in a companionship. Also, cases tend to be unique as each case’s outcome will vary considerably from the next one.
It is due to the subjective nature of the damages construed in each case. For this reason, you need competent Tampa Personal Injury Attorneys such as Winter and Yonkers to fight your case and get you the damages you deserve.