Loss of consortium are damages awarded for the loss of companionship, usually by a spouse. In some states, loss of consortium is restricted solely to spouses, but in Florida there are a couple recognized variations, including loss of parental consortium (for the death of a parent) and loss of filial consortium (loss of a child).

The pain and emotional suffering families experience after losing a loved one is always immense, but the ramifications can be worse when the person was still young and had many decades of life in front of them. Losing a parent at the age of 80 is upsetting, but also an inevitable part of adulthood. Losing a spouse at 40 means you have lost out on many decades of meaningful companionship, and you’ll have to carry that loss for the rest of your life.

That type of suffering matters in the eyes of the law, which is why it’s factored into loss of consortium damages.

Only specific people can seek loss of consortium damages. For example, a divorced spouse might be entitled to part of the deceased’s estate, including wrongful death damages, but not loss of consortium damages. Since they are divorced, the ex-spouse isn’t losing out on companionship they would have otherwise had.

Loss of consortium can be broken out into many different types of non-economic losses, including the loss of:

• Assistance with household chores
• Help parenting minor children
• Friendship and companionship
• Emotional support
• Physical intimacy

Compensation for injuries, which is what wrongful death claims are technically considered, are not subject to income tax. However, there may be scenarios where a wrongful death claim increases the value of the deceased person’s estate, which may have tax implications. If you have concerns about taxes and your wrongful death claim, it’s likely in your best interest to speak with an accountant or estate planner.

Yes – a survival action essentially means surviving family members can continue pursuing a personal injury claim or another civil tort after their loved one’s death. Just because a plaintiff passes away doesn’t mean defendants and their insurance companies are off the hook.

Accordion

Accidents were the fourth leading cause of death in the United States in 2020 (behind heart disease, cancer and COVID-19). In most years, car crashes are the second leading cause of unintentional injury deaths behind poisoning (followed by falls).

Although auto accident deaths and falls may be unintentional, they are still often caused by actions that qualify as careless or reckless. Many wrongful death cases are due to car accidents or slip, trip and fall cases or other types of premises liability cases.

Yes – but your civil tort case will be entirely separate from the criminal case against the defendant. Holding perpetrators financially responsible for their actions isn’t always easy or straightforward. In order for you to win an appropriate level of damages, the defendant needs to have adequate insurance or assets to compensate you, which isn’t always the case.

However, there may be scenarios where another party is partially culpable for your loved one’s wrongful death. For example, if your loved one was assaulted in a parking lot or apartment complex with inadequate security, the property owner could be found to be negligent.

If you are wondering about your options after losing a loved one, it may be in your best interest to consult with a Florida wrongful death lawyer.

The statute of limitations in our state for wrongful death varies depending on the cause of death. Claims for deaths caused by negligence or wrongdoing must usually be brought within two years, while wrongful death claims for homicides have no time limits.