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The levels of loss of consortium in Florida

While the financial support lost when one loses a loved one in Ocala can be devastating, the emotional void that person leaves behind can be just as difficult to overcome. Nothing can replace the role that person served in the lives of his or her family and friends. If his or her death was due to negligence, those most impacted could have a strong claim for compensation to help make the pain and suffering that they are now forced to endure somewhat easier.

The law allows for non-injury damages to be awarded as part of a wrongful death lawsuit thanks to the principle of loss of consortium. This philosophy recognizes the damage of one being denied the opportunity to enjoy physical company and companionship. While in some states, loss of consortium applies only to a spouse, Florida has specified in Section 501.2 of their Standard Jury Instructions for Civil Cases that it can be extended to other cases, as well. In all, the state allows damages to be awarded in the following situations:

  •          Spouse’s loss of consortium
  •          Parental loss of filial consortium
  •          Loss of parental consortium

When considering a spouse’s loss of consortium, compensation may be awarded to help and try to offset the loss of any past and future services, society, comfort, and attentions. Filial loss of consortium cases consider affections and solace that a parent would have received from a child until he or she reached legal age.

The qualifications for damages for the loss of parental consortium are listed in Title XLV, Chapter 768.0415 of the Florida State Statutes. They show that such compensation can be extended to an unmarried dependent deprived of similar benefits due to the loss of either a biological or adoptive parent. 

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King Law Firm Ocala Personal Injury

2156 E Silver Springs Blvd Ocala, FL 34470 Toll Free: 800-818-4087 Phone: 352-629-8747 Ocala Law Office Map