When a serious injury affects not just the victim but their family — particularly their spouse — Florida law provides a remedy called loss of consortium. It is a separate, independent claim that compensates a spouse for the impact the injury has had on their relationship and family life.

Loss of consortium is a non-economic damage that compensates a spouse for the loss of the benefits of the marital relationship caused by the other spouse's injury.

These benefits include:

• Companionship: The loss of the injured spouse's company, affection, and emotional support
• Society: The loss of shared activities, social engagement, and partnership
• Comfort: The loss of emotional comfort and support the injured spouse provided
• Affection: The loss of love and emotional connection
• Sexual relations: The loss of the physical intimacy of the marriage
• Services: The loss of household services, childcare, and other contributions the injured spouse can no longer provide

In Florida, spouses can bring a loss of consortium claim. The claim belongs to the uninjured spouse — it is their independent claim for their own losses, not a derivative of the injured spouse's claim.

Florida's loss of consortium law is more limited than some other states. Generally, children cannot bring loss of consortium claims for a parent's injury (though they may have claims under the Wrongful Death Act if the parent dies). Parents generally cannot bring loss of consortium claims for an adult child's injury.

Loss of consortium claims require evidence of the actual impact on the marriage and family life. This typically comes from:

• Testimony from the uninjured spouse describing the changes in the relationship
• Testimony from the injured spouse about their limitations and how they have affected the marriage
• Medical records documenting the nature and extent of the injuries
• Testimony from family members, friends, and coworkers who observed the change in the couple's relationship
• Mental health records if either spouse sought counseling

The strength of a loss of consortium claim depends heavily on the severity of the underlying injury and the credibility of the testimony about its impact on the marriage.

• Severity of the injury: A catastrophic injury causing permanent disability has a greater impact on the marriage than a temporary injury
• Length of the marriage: A long marriage with deep interdependence may support a higher claim
• Age of the spouses: Younger couples with decades of marriage ahead may have higher claims
• Specific impacts documented: The more specifically the impact on the marriage is documented, the stronger the claim
• Pre-existing relationship issues: The defense may argue the marriage was already troubled

When a spouse is killed due to someone else's negligence, the surviving spouse can recover for loss of companionship and protection under Florida's Wrongful Death Act. This is similar to loss of consortium but applies in the context of death rather than injury.

Loss of consortium is a separate claim that must be filed within the statute of limitations — generally two years from the date of the injury in Florida.

The uninjured spouse should keep their own journal documenting the changes in the relationship — activities they can no longer do together, the emotional toll, the practical burdens, and the impact on intimacy and companionship.

Loss of consortium claims are typically filed alongside the injured spouse's personal injury claim. They are tried together and often settled together.

Juan Cordero Lawyers handles personal injury and Wrongful Death Lawyer Florida cases throughout Florida, including loss of consortium claims. We serve clients in Miami, Fort Lauderdale, Martin County, and across South Florida. Call 305.525.8957 for a free consultation — available 24 hours a day, 7 days a week.