What Is A Consortium Claim In A Florida Personal Injury Case?

There have been some instances where our clients or their spouses have said their relationship hasn’t been the same since their accident. When you are involved in a personal injury accident, it can change your entire lifestyle in an instant. These changes sometimes have a great impact on your spouse too. For example, the injured party might have been financially responsible for the family and now that they can’t work the other spouse has to work. There have been instances where the couple’s relationship has changed due to the injured parties inability to perform sexually. Oftentimes injured parties also experience psychological difficulties, such as depression or brain damage, after their accident which can also cause marital issues.

In these situations, Florida law recognizes something called a consortium claim. This claim allows the uninjured spouse to recover money damages from the at-fault party. A consortium claim can only be filed with a companion injury claim. Additionally, a consortium claim can only turn into a recovery of damages, if the injured spouse has a valid claim for his or her own injuries. Although, even then a consortium claim is not automatic. The uninjured spouse still has to present evidence of how the injured spouse’s injuries have affected their relationship.

If you have any questions regarding a Florida accident, and what the impact of an injury to one spouse has on the other, then please give us a call. You can call us at 407-565-7386 or text us at 407-644-4444. We are always happy to offer a no obligation, free consultation to discuss your case with you.