Loss of Consortium Claims in Florida Motorcycle Accident Lawsuits

When a serious motorcycle accident occurs in Florida, the consequences can be far-reaching, affecting not only the injured person but also their spouse and family. Many people do not realize that when a loved one suffers a life-changing injury, their close relationships, particularly the marital bond, can also be severely impacted. This loss of companionship, affection, and support is legally known as “loss of consortium.” Florida law allows spouses to seek compensation for this loss in specific cases, typically as part of a motorcycle accident lawsuit. Understanding the loss of consortium claims can be essential for those looking to navigate the complex legal aspects of these cases in Florida. Here, we will explore what loss of consortium is, how it fits into Florida motorcycle accident lawsuits, and what individuals should consider when pursuing this type of claim. 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 refers to the emotional, physical, and relational impact that one spouse experiences when their partner is severely injured or disabled due to a motorcycle accident. This type of claim recognizes that an injury does not only affect the person involved but also affects the family, especially a spouse. Loss of consortium claims allow spouses to seek compensation for the deprivation of their relationship’s enjoyment and support, including loss of companionship, love, affection, and even sexual intimacy. When a serious injury results in a permanent change in a spouse’s abilities, the other partner may suffer a significant emotional toll, which can be addressed through legal action.

In Florida, loss of consortium claims must be brought by the uninjured spouse, who seeks compensation for their suffering as a result of their spouse’s injuries. These claims are distinct from other damages like medical bills or lost wages and instead focus on the impact the injury has had on the marital relationship. However, pursuing a loss of consortium claim can be complicated because it requires proving that the accident directly caused significant changes in the relationship.

Eligibility for Loss of Consortium Claims in Florida

Not everyone affected by a loved one’s injury can file for loss of consortium. In Florida, only spouses are permitted to make these claims, meaning that children, siblings, or other family members do not have standing to bring forward this type of lawsuit. Additionally, loss of consortium claims are only available in cases where the injured spouse was harmed due to another party’s negligence, such as in motorcycle accidents caused by reckless drivers or dangerous road conditions.

In order to be eligible for a loss of consortium claim, the uninjured spouse must be able to demonstrate how the motorcycle accident has harmed their relationship. Courts in Florida will examine the specific changes and challenges the couple has faced since the accident, focusing on how the injuries have impacted the companionship, intimacy, and emotional connection of the marriage. This requirement is often highly personal and may require both spouses to share details of their relationship, which can be uncomfortable but necessary for building a compelling case.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

How Loss of Consortium Fits Into Motorcycle Accident Lawsuits

Loss of consortium claims are typically included as part of a larger motorcycle accident lawsuit, which seeks to address the full scope of damages experienced due to the accident. When a spouse files for loss of consortium, it does not replace other claims like medical costs or pain and suffering for the injured spouse. Instead, it adds an additional layer, recognizing the unique impact on the spouse who did not experience physical injury.

In a motorcycle accident lawsuit, proving loss of consortium can be challenging, as the effects on a marriage may be difficult to quantify or demonstrate. To successfully bring a loss of consortium claim, the uninjured spouse often must provide evidence of how the marriage has changed. This evidence might include statements from family and friends who have observed changes, as well as documentation showing how the injured spouse’s limitations have altered their relationship. The court will take these factors into consideration and may award additional compensation to the uninjured spouse based on the extent of their suffering.

Challenges in Proving Loss of Consortium Claims

Establishing a loss of consortium claim can be one of the more complex aspects of a Florida motorcycle accident lawsuit. Unlike physical injuries, which can be demonstrated with medical records and treatment plans, loss of consortium is an emotional and relational loss that requires a more subjective approach. The court will look for proof that the relationship has been affected in a way that goes beyond typical marriage challenges, focusing on serious limitations that have arisen directly from the injury.

In Florida, proving a loss of consortium claim generally requires showing that the injured spouse’s limitations are permanent or long-lasting. Temporary injuries may not meet the standard needed to justify this type of claim. For example, if an injured spouse’s recovery is expected to fully restore them to health, a loss of consortium claim may not be viable. However, if a motorcycle accident causes a permanent disability, loss of mobility, or chronic pain that interferes with daily activities, this could provide a foundation for a loss of consortium claim.

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!"

- Kylie Collier Border

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

Florida courts will also evaluate how the injury has affected different aspects of the relationship. This includes considering whether the couple can no longer share certain activities, if physical intimacy is impacted, or if the uninjured spouse has had to take on new roles and responsibilities in the household. Each of these factors contributes to the overall assessment of whether loss of consortium damages are appropriate in a particular case.

Compensation for Loss of Consortium in Florida Motorcycle Accident Cases

When a loss of consortium claim is successful, Florida courts may award damages to the uninjured spouse as a form of compensation. These damages are intended to address the non-economic losses that come with a life-altering injury. Since loss of consortium is a highly personal loss, the compensation awarded can vary significantly, depending on the severity of the injury and the impact on the marital relationship.

The court may consider various factors when determining the appropriate compensation amount, such as the age of the spouses, the duration of the marriage, and the nature of the relationship before the accident. While there are no strict formulas for calculating loss of consortium damages, courts often try to ensure that the award is fair and takes into account the suffering experienced by the uninjured spouse. Compensation may cover the loss of companionship, emotional support, physical affection, and other relational benefits that the injured spouse can no longer provide.

It is important to note that Florida does have limits on certain types of non-economic damages, especially in cases involving public entities or when punitive damages are awarded. However, loss of consortium claims are typically subject to broader consideration, allowing courts to award compensation based on the unique details of each case. Working with a knowledgeable legal team can help spouses accurately calculate the potential damages in a loss of consortium claim.

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The Importance of Legal Representation in Loss of Consortium Claims

Loss of consortium claims require careful handling, as they involve sensitive aspects of a couple’s relationship and can impact the overall outcome of a motorcycle accident lawsuit. For those unfamiliar with the legal process, presenting a convincing loss of consortium case may seem overwhelming, especially with the personal details that may need to be shared.

Seeking legal representation can be beneficial for spouses pursuing loss of consortium claims, as an experienced attorney can guide them through each step of the process. A lawyer can assist in gathering the necessary evidence, providing support during difficult moments, and presenting a compelling case that accurately reflects the couple’s losses. Legal representation also ensures that the uninjured spouse understands their rights and options, giving them confidence that their voice is heard in court.

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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In addition, a legal team can manage the complexities of a motorcycle accident lawsuit, including loss of consortium claims, allowing both spouses to focus on healing and adapting to their new reality. With the right guidance, it is possible to seek compensation that acknowledges not only the physical injuries suffered but also the relational losses that deeply affect both partners.

If you or a loved one has been affected by a motorcycle accident in Florida and believe you may have grounds for a loss of consortium claim, the team at Serrano Law is here to help. Our firm understands the challenges that injured individuals and their families face and is dedicated to providing compassionate and comprehensive support. With our guidance, you can explore your legal options and pursue the compensation you deserve. Contact Serrano Law today to schedule a consultation and learn how we can assist you during this difficult time.