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If your loved one has been killed due to the negligent acts of another, Florida law — depending on your relationship with the deceased — may entitle you to wrongful death damages for the losses you experience as a result of your loved one’s passing.  Pursuant to the Florida Statutes section 768.21, wrongful death damages include loss of companionship, loss of protection, loss of guidance, loss of financial support, mental pain and suffering, and more.

If you are a surviving spouse, you may be able to recover to what is commonly termed “loss of consortium” damages.  Loss of consortium is a catch-all term for a variety of marital losses that can be rather difficult to quantify.  Let’s take a peek at what loss of consortium entails in the context of a Florida wrongful death situation.

The Basics of Loss of Consortium

Based on all evidence available at the time, a loss of consortium claim can result in obtaining damages for the loss of the deceased spouse’s:

• Services (i.e., domestic services)
• Companionship
• Sexual relations
• Society (i.e., guidance, care, affection, etc.)
• Past and future attention
• Fellowship
• Assistance

It is worth noting that a loss of consortium claim does not account for the financial support of the deceased spouse.  Loss of support is a separate element of wrongful death damages.

Loss of consortium damages take skill to prove, as there are few objective measures by which one can calculate the actual losses in financial terms (except for the loss of domestic services, where you can measure the market value for the provision of such services).  As such, when you bring a wrongful death claim, the loss of consortium damages must be aggressively argued based on the particular circumstances of your case.  Your attorney must convincingly argue that the loss of consortium is, in fact, worth the damages that you claim you’re entitled to.

Marriage is Critical

In Florida, only surviving spouses are entitled to loss of consortium damages.  Close romantic relationships do not qualify.  At the time of death, the survivor and the deceased must have been legally married.  Only if there is a valid, legal marriage between the survivor and the deceased will the surviving spouse be entitled to recover loss of consortium damages. 

Dealing with the emotional fallout of the death of a loved one is difficult, and this difficulty can be compounded by the prospect of having to litigate a wrongful death claim against the person or entity responsible for your loved one’s untimely passing.  Call Randall Spivey today to work with a skilled Fort Myers wrongful death attorney at the Spivey Law Firm, Personal Injury Attorneys, P.A.  We will provide a free and confidential consultation to discuss your legal rights and will work closely with you to ensure that your wrongful death claim is fully pursued.