Compensation for Loss of Consortium in Florida Wrongful Death Claims

When a loved one passes away due to the negligent or wrongful actions of another, the family is left not only with emotional pain but also with legal challenges. In Florida, wrongful death claims are intended to provide the family with compensation for the various losses they suffer as a result of their loved one’s death. One of the important types of compensation that can be pursued in such claims is for the “loss of consortium.” This term refers to the loss of companionship, support, and the emotional and physical connection that the deceased person provided to their family members. Understanding how compensation for loss of consortium works in Florida wrongful death claims can help grieving families as they navigate the legal process. At, Serrano Law , we are here to guide you through the legal process and help you navigate the complexities of your case.

What is Loss of Consortium?

Loss of consortium is a legal term that refers to the deprivation of the benefits of a family relationship due to the injury or death of a loved one. In the context of a wrongful death claim, this usually applies to the surviving spouse, children, and sometimes parents of the deceased. These benefits include the loss of emotional support, companionship, and affection, as well as the loss of physical presence and guidance that the deceased person would have provided. In many cases, the loss of consortium extends beyond just financial support and includes the deep personal connections that the family once enjoyed with their loved one.

For example, when a spouse dies due to someone else’s negligence, the surviving partner is not only left to deal with the emotional trauma but also the absence of the love and companionship that they had shared. In Florida, loss of consortium claims help compensate for these intangible, yet profound, losses. While no amount of compensation can truly make up for the absence of a loved one, it can provide some measure of justice and financial support to help the family move forward.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

How is Loss of Consortium Proven in a Wrongful Death Claim?

Proving loss of consortium in a Florida wrongful death claim can be challenging because it involves demonstrating the emotional and personal impact that the death has had on the surviving family members. The loss is not something that can be easily measured, like medical bills or lost wages. Instead, the court will consider various factors to determine the extent of the loss and the appropriate compensation.

One of the key elements in proving loss of consortium is demonstrating the relationship between the deceased and the surviving family members. This can include showing how close the family was, the type of relationship they had, and how the death has affected the emotional well-being of the survivors. Testimonies from family members, friends, and even therapists may be used to illustrate the emotional pain and loss experienced by the survivors. Additionally, the age of the deceased and their role in the family, whether as a spouse, parent, or child, will also be considered.

In cases involving a spouse, the court will examine the impact the death has had on the surviving partner’s life. This can include the emotional support that was lost, as well as the physical companionship and intimacy that the couple once shared. For children, the loss of a parent can be particularly devastating, especially if the parent played an active role in their upbringing and development. The court will consider how the child’s emotional and psychological well-being has been impacted by the absence of their parent.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

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I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

Who Can Claim Loss of Consortium in Florida?

In Florida, certain family members are eligible to seek compensation for loss of consortium in a wrongful death claim. The most common individuals who file such claims are the surviving spouse and children of the deceased. However, in some cases, parents of the deceased may also be able to pursue compensation, especially if the deceased was a minor child.

For spouses, the loss of consortium generally covers the emotional and physical companionship that was shared between the couple. This can include the loss of affection, intimacy, and overall relationship that the spouse once relied on. The emotional toll of losing a spouse can be overwhelming, and Florida courts recognize this by allowing compensation for this profound loss.

Children of the deceased can also seek compensation for loss of consortium. For younger children, the loss of a parent’s guidance, love, and care is particularly difficult. Children may lose out on important life lessons, emotional support, and the overall nurturing that their parent would have provided. The court will take into account the age of the child, the closeness of the relationship, and how the parent’s death has impacted the child’s emotional development.

In some instances, parents of a deceased child may be able to claim loss of consortium, especially if the child was still a minor at the time of death. Losing a child is one of the most painful experiences a parent can endure, and the emotional distress caused by such a loss can be life-altering. Florida law allows parents to seek compensation for the emotional impact that losing a child has on their lives.

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How Compensation is Determined for Loss of Consortium

Determining the amount of compensation for loss of consortium in a Florida wrongful death claim is not an exact science. Since loss of consortium involves emotional and personal losses, it is not as straightforward to calculate as financial damages. The court will take into account several factors when determining the appropriate amount of compensation.

One of the main factors considered is the relationship between the deceased and the claimant. The closer and more involved the relationship, the higher the compensation is likely to be. For example, a spouse who was married to the deceased for many years and relied heavily on their emotional and physical support may be entitled to more compensation than a distant family member.

The age and health of the deceased are also considered. If the deceased was young and had many years of life ahead of them, the court may award a higher amount of compensation to account for the long-term loss experienced by the survivors. Similarly, if the deceased was a parent of young children, the court may factor in the emotional and developmental impact that the death will have on the children as they grow up without their parent.

Additionally, the court will look at the overall impact the death has had on the surviving family members’ emotional well-being. This can include considering whether the surviving family members have sought therapy or counseling to cope with the loss, and how their mental health has been affected since the death. The court may also consider the overall quality of life for the surviving family members after the loss of their loved one.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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The Role of an Attorney in Loss of Consortium Claims

Navigating a wrongful death claim, especially one that involves loss of consortium, can be a complex and emotionally challenging process. Having an attorney by your side can help ensure that you are properly compensated for the losses you have endured. An attorney can help you gather the necessary evidence to prove your claim and guide you through the legal process, making sure your rights are protected.

An attorney can also assist in negotiating with the insurance companies or opposing party, ensuring that you receive fair compensation for your loss. Insurance companies often try to minimize payouts in wrongful death claims, and having an attorney can help prevent this from happening. They will fight on your behalf to ensure that the emotional and personal losses you have experienced are properly valued and compensated.

Furthermore, an attorney can provide guidance on how to calculate the appropriate amount of compensation for loss of consortium, taking into account the unique factors of your case. They will work to make sure that you receive compensation that reflects the full extent of your loss, both emotionally and financially.

Losing a loved one due to the negligence or wrongdoing of another is an incredibly painful experience. In Florida wrongful death claims, compensation for loss of consortium can help provide some measure of relief to the surviving family members. By pursuing a claim for loss of consortium, you can receive compensation for the emotional and personal losses you have suffered as a result of your loved one’s death.

If you have lost a loved one and believe you may be entitled to compensation for loss of consortium, the team at Serrano Law is here to help. We understand how devastating this type of loss can be, and we are dedicated to fighting for the rights of surviving family members. Reach out to Serrano Law today to discuss your case and learn more about how we can assist you in pursuing the compensation you deserve.