When Your Spouse is Injured in an Accident, Are You Entitled to Any Damages?
One often overlooked area of personal injury law is the damages a spouse of the injured party is entitled to after an accident. When a person's spouse is injured in an accident, whether it is an auto accident, truck accident, injury from a defective product or other kind of incident, that person is also entitled to damages based on what is referred to as a loss of consortium claim. In Florida, a loss of consortium claim is intended to compensate a spouse for the loss of companionship, love and comfort from the injured spouse as well as the assistance received from the injured spouse in performing household and other routine duties. Damages for a loss of consortium claim are supported by evidence that the married couple can no longer do the things they used to due to the injury such as: have sex, sleep in the same bed, go out to dinner and other social events, travel and do any number of other things the couple did prior to the accident. Additionally, in most households, both spouses share responsibility for the chores and child-caring responsibilities. When the non-injured spouse is forced to assume more or all of those responsibilities due to the injury, the claim for loss of consortium is greater.
Other evidence indicating a significant loss of consortium after a spouse has been injured in an accident depends on the particular relationship, the things the spouses did together and the lifestyles they led prior to the accident. If you, a spouse or any other loved one has been involved in a serious accident and has questions about whether you have a claim and what damages you may be entitled to, feel free to contact our office for a free consultation.
