St. Valentine’s Day is a day for “comfort, society and attention” . . . and love. After a car accident or other personal injury, you may hear more about “comfort, society and attention” because that is how the damages for loss of consortium is defined.
As you know, from prior posts, a car accident, slip and fall, motorcycle crash or other personal injury can impact everyone in the family, not just the person injured. Because of injuries caused by the negligence of another, a spouse may no longer be able to enjoy the company of their spouse. If that happens, the non-injured spouse is entitled to loss of consortium damages. The jury instruction on these damages reads:
On the claim brought by (spouse), you should award (spouse) an amount of money which the greater weight of the evidence shows will fairly and adequately compensate (spouse) for any loss by reason of [his wife’s] [her husband’s] injury, of [his] [her] services, comfort, society and attentions in the past [and in the future] caused by the incident in question.
Traditionally, loss of consortium only applied to married couples. When one spouse suffered a serious injury, the other spouse can bring a claim for damages if he or she was no longer able to enjoy the physical company of his or her spouse. Although impact on sexual relation is often discussed, these loss of consortium damages are far more than that. Not being able to enjoy a movie, having to do chores around the house that were once done by the injured spouse, having to do more school events for the children – these are just some examples of loss of consortium damages.
So, this St. Valentine’s Weekend, think about all the things your valentine does for you and be thankful that you are not one of the many that are forced – by the negligence of another – to better understand loss of consortium damages.
Happy St. Valentine’s Day! Enjoy the comfort, society and attention . . . and love from those around you!
Personal Injury Attorney Matthew Noyes represents those injured in car accidents, motorcycle crashes, bicycle accidents, pedestrian accidents and other types of personal injury matters. He is a named partner at the Tampa Bay law firm of Perenich Caulfield Avril Noyes – one of the oldest personal injury law firms in Pinellas County. Call Attorney Matthew Noyes now at 727-796-8282 or complete the form on this page or simply click here to schedule a free case consultation.