A loss of consortium in a Florida personal injury case requires compensation. Imagine one day you receive a call telling you that your spouse has been in an accident. Upon reaching the hospital you get to know that the accident resulted in spinal injury causing disability to your spouse. Now, the intensity of the situation just escalated. Apart from feeling emotionally devastated, you will be thinking in mere seconds you have lost the support of your spouse. Such tragic incidents are covered by loss of consortium in personal injury claims. Since compensation for loss of affection and companionship can be attained.
Accidents carry more than just physical injuries. The family suffers immensely by seeing the victim in pain and suffering each day. The emotional trauma caused by accidents hampers the activities and relationships of a family. You are eligible to proceed with legal action against another person whose negligence and careless behavior resulted in personal injuries along with emotional stress and anxiety. In this case, you earn strong ground for a lawsuit.
According to estimates, the personal injury and product liability cases spurred up to 36% in 2019. The increased number of such cases requires professional support to put forward accurate evidence and gain financial compensation.
Loss of consortium is commonly known to be loss of companionship. It arises in emotionally traumatic conditions when you are unable to experience happiness, support, and benefits from the relationship with the victim in the same way as before the accident. Cases under the loss of consortium are valid for compensation. For effective decision making it is vital to understand the loss of consortium, legal aspects of the case, and types of damages involved.
What is Loss of Consortium in a Florida Personal Injury Case?
The consortium is considered the bond between husband and wife. The consortium involves the presence of companionship, affection, fellowship, comfort, support, cooperation, in all marital aspects of life. Legally the loss of consortium in a Florida personal injury case is when a person loses the affection and companionship of a spouse due to an accident. An accident that occurred due to the negligence of another individual.
The law of many states entitles the spouse or family to claim for loss of consortium damages from the defendant. The case for a personal injury claim involves the damages of loss of consortium. It is necessary to understand the grounds for claiming the damages.
What Damages Are Involved in the Loss of Consortium According to a Tampa Personal Injury Lawyer?
Non-economic damages suffered due to the victim’s accident-related injury come under the loss of consortium cases. Financial compensation is offered to the husband or wife for the damages. Conventional economic damages include medical bills, property expenses, lost wages, and others. Whereas non-economic damages are intangible usually associated with emotional and physical support.
Non-economic loss may include the following:
- Aid and support in child care
- Aid and support in bringing up a child
- Changes to sexual relationship
- Loss of friendship
- Assistance in housework
The non-economic damages tend to lower the impact of emotional injury resulted from the accident. This involves emotional stress, mental problems, and trauma linked to changes in relationships post accidental injuries.
What Do You Need to be Prepared for Before Filing the Case?
Among others, invasion of privacy is the primary factor that you need to be prepared for before filing a loss of consortium case in Florida. The case proceedings require a defense attorney to inquire about personal questions which may be intruding on your privacy. Sensitive and personal questions are asked from the spouse. This may involve questions regarding affairs.
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Suffering and pain from injury not only affects the victim but also those who are the closest to the victim. The relationship between spouses can be negatively impacted by such tragic incidents. A spouse has the legal right to put forward a claim for the injury and impact on the relationship.
Hiring a skilled personal injury attorney is necessary to attain successful outcomes. The nature of each case varies and so does the decision. We believe in thorough and effective practices to seek justice for our clients. It is vital to accurately gather evidence and put forward maximum claim according to the circumstances of the incident. The success in the loss of consortium in a Florida personal injury case is contingent on the evidence and professional approach towards the case.
If you or any of your loved ones sustained injuries due to the carelessness of another person feel free to contact our Tampa Bay personal injury attorneys. We will guide you through the steps and assist you in filing for a maximum claim for the damages caused to your health and your relationship.