Spousal Claims for Personal Injury: Insights from Zeidwig Law
Experiencing a personal injury can profoundly impact not only the victim but also their spouse. In Florida, spouses may have the right to seek compensation for the negative effects an injury has on their marital relationship through a claim known as 'loss of consortium.' At Zeidwig Law, we are dedicated to guiding families through these complex legal processes to ensure they receive the justice and compensation they deserve.
Understanding Loss of Consortium in Florida
Loss of consortium refers to the deprivation of the benefits of a familial relationship due to injuries caused by another's negligence. This encompasses the loss of companionship, affection, support, and intimate relations between spouses. Florida law recognizes that when one spouse is injured, the uninjured spouse may suffer a significant loss, warranting compensation.
Eligibility to File a Loss of Consortium Claim
In Florida, the primary individuals eligible to file a loss of consortium claim include:
- Spouses: The uninjured spouse can seek damages for the loss of companionship and support resulting from their partner's injury.
- Children: Unmarried, dependent children may pursue a claim if a parent suffers a permanent total disability, leading to a loss of parental guidance and support.
These claims are derivative, meaning their success depends on the validity of the injured party's personal injury claim.
Proving a Loss of Consortium Claim
To establish a loss of consortium claim in Florida, the claimant must demonstrate:
1. Valid Marriage: The claimant and the injured party were legally married at the time of the injury.
2. Negligence of the Defendant: The defendant's negligent or intentional actions caused the injury to the claimant's spouse.
3. Foreseeable Harm: It was foreseeable that the defendant's conduct could result in harm to others.
4. Actual Loss: The claimant experienced a loss of companionship, affection, or other marital benefits due to the spouse's injury.
Courts consider factors such as marital stability, life expectancy, and the extent of disruption to the marital relationship.
Valuing Loss of Consortium Claims
Assigning a monetary value to loss of consortium is challenging, as it involves quantifying non-economic damages. Factors influencing the valuation include:
- The severity and permanence of the spouse's injury.
- The extent to which the injury affects the marital relationship.
- The couple's living arrangements and shared responsibilities.
Florida does not impose a cap on non-economic damages for most personal injury claims, allowing juries discretion to determine fair compensation.
Statute of Limitations
In Florida, the statute of limitations for filing a loss of consortium claim is typically four years from the date of the injury. However, for wrongful death cases, the timeframe is reduced to two years from the date of death. Timely consultation with an attorney is essential to ensure compliance with these deadlines.
How Zeidwig Law Can Assist
At Zeidwig Law, we devote ourselves to the tireless pursuit of justice for each and every client. With over 20 years of experience handling civil and criminal matters throughout Florida and in federal courts, Gary M. Zeidwig has secured millions of dollars for clients injured due to negligence.
Our approach includes:
- Comprehensive Evaluation
- Evidence Gathering
- Personalized Representation
If your spouse has suffered a personal injury and you believe you have a loss of consortium claim, contact Zeidwig Law for a consultation. We are committed to advocating for your rights and achieving the compensation you deserve.
For more information, visit www.zeidwiglaw.com or call (954) 523-3993.
This article is for informational purposes only and does not constitute legal advice. For personalized legal guidance, please consult directly with an attorney.