What is Loss of Consortium?

Our relationships with others define our lives. Our family members play an integral role in every aspect of our existence, from the emotional to the practical to the financial. That’s why the legal concept of loss of consortium exists. Loss of consortium is what happens when the disabling injury or death of a close family member deprives you of the benefits of your relationship, including but not limited to love and affection, companionship, and monetary support.

If your loved one has been taken from you due to someone else’s negligence, you can sue that person for loss of consortium. Generally, recoverable damages for loss of consortium cases fall into the following categories:

Loss of society: This encompasses the emotional support and companionship you received from your loved one. When a loved one dies or they can no longer connect with you like they once did because of a serious injury, you can feel empty, lost, and lonely.

Loss of service: This encompasses the active ways in which your loved one took care of you. Perhaps he or she kept the home tidy and cooked meals while you worked outside the home and now you have to pay a housekeeper to do these duties. Or perhaps your spouse was the breadwinner and now you need to find a way to support yourself alone.

Who can make a loss of consortium claim?
  • Spouses and children
  • Parents (in the absence of spouses and children)
  • Siblings (in the absence of parents, spouses, and children)
  • Grandparents (in the absence of siblings, parents, spouses, and children)
What do courts consider in loss of consortium cases?

Courts will, of course, consider the circumstances of the injury or death to determine whether the party you consider negligent is indeed liable. Then, they will consider factors about your relationship with the killed or injured person to determine the amount you are owed. These factors may include:

  • Did you lose love and affection?
  • Did you lose companionship?
  • Did you lose sexual relations and intimacy? (Only in the case of married couples)
  • Did you lose assistance and aid?
  • Did you lose financial support?
Who can help me?

If you are considering a loss of consortium lawsuit, the Sutton Law Group team is here to help. We help clients with a large variety of personal injury cases, including matters like these. We understand your pain and want to help you get the justice you deserve. If you have questions or want to partner with us, please contact us today!

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Sutton Law Group

Sutton Law Group is a full-service, multidisciplinary law office serving clients in and around Miami, Florida. Established in 1985, we are trusted legal advisors and advocates in complex and even life-changing legal actions.

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