Average Loss of Consortium Settlement Amount in FloridaTrusted Content
Legally reviewed by:Erik Abrahamson, J.D. August 25, 2021
If a close family member of yours dies or suffers a severe life-altering injury, you might have a right to claim damages for loss of consortium as part of an eventual settlement.
Loss of consortium is a category of non economic damages that compensates family members for losses they suffer as a result of their loved one’s injury. Typically, spouses, parents, and children of injured parties can claim compensation through loss of consortium settlements. Essentially, loss of consortium damages compensate parties for intangible losses that they suffer as a result of the loss of their loved one or their loved one’s loss of ability to function in a certain way.
At Abrahamson & Uiterwyk, one of the most common questions about loss of consortium settlements we hear is, What is loss of consortium worth? Read for more information on loss of consortium, including loss of consortium claim values.
What Is the Average Loss of Consortium Settlement?
Unfortunately, there is no clear answer we can give regarding loss of consortium settlement amounts. The truth is that there are numerous factors and circumstances that affect how much a loss of consortium claim is worth. The main reason that loss of consortium settlement amounts differ so much is that the accidents and injuries that give rise to loss of consortium claims are all unique.
As a result, their settlement amounts, including any claims for loss of consortium, are also unique. However, with that said, there are ways that you can maximize your loss of consortium claim.
How Can I Maximize My Settlement?
There are a few ways that you can maximize your loss of consortium settlement. Here, we will cover two of them:
- Carefully documenting your damages, and
- Hiring an attorney to help you maximize your damage claim.
If you do these two things as soon as possible after the accident, you will set yourself up to maximize your eventual settlement.
Documenting Your Damages
Because loss of consortium damages are non economic, they are inherently intangible and subjective. Thus, proving that you suffer from loss of consortium damages is a little different from proving economic damages. After all, to prove economic damages, you simply have to show a bill as evidence.
To document your loss of consortium damages, you should maintain a journal that details any difficulties that you and your family suffer as a result of your loved one’s accident. Damages may include things like:
- Loss of physical intimacy,
- Loss of companionship, and
- Loss of assistance or protection.
To further bolster your claim, you can seek help from a mental health professional. They can document exactly how the loss affects you in a real and tangible way. With that sort of evidence on your side, it is difficult for the responsible party to deny the real impact of your loss of consortium damages.
Hiring an Attorney
Hiring an attorney is another effective way to maximize your loss of consortium damage claims. Your lawyer can help you establish the relative value of each aspect of your loss of consortium claim. It helps to have your lawyer do this because your lawyer, drawing on their prior experience, knows how to effectively frame your damages in an effective manner. This will help you not only prove the existence of those damages, but maximize their value in your eventual settlement.
How to Calculate Loss of Consortium Damages
The only effective way to get a somewhat accurate estimate as to the value of your loss of consortium damages is with the help of an attorney. For your lawyer to make an accurate estimate, however, you need to make sure that you carefully document all the harmful impacts that the accident has on you and your loved ones.
With this information in hand, your lawyer can draw on their prior experience with loss of consortium claims to place a dollar value on each aspect of your loss of consortium claim. It is critically important to remember, however, that this is just an estimate. Because loss of consortium damages are intangible, they are, by definition, subjective. As a result, different juries, judges, attorneys, and insurance adjusters may all place different (subjective) monetary values on the exact same claim.
Do Loss of Consortium Damage Calculators Work?
You may have seen loss of consortium damage calculators in research on loss of consortium damages. These tools are tempting to use, but they do not provide accurate results. There are simply too many external factors that affect the value of your loss of consortium settlement, let alone other parts of your settlement.
Your lawyer, on the other hand, will know how to account for the various external factors that will impact your claim. You might use a loss of consortium damage calculator to start a discussion with your attorney on the value of your settlement, but you should always seek a lawyer’s advice.
What Is It Like to Deal With Insurance Companies?
Insurance companies are often a pain for individual parties to deal with. They can do a number of things that make the settlement process more difficult, including:
- Dragging out the negotiations in an attempt to run out the clock on the statute of limitations;
- Offer you lowball settlement offers in the hope that you will accept them to make the case go away; and
- Generally, do as much as they can to avoid paying out the maximum settlement amount.
This is another area where a lawyer can be extremely helpful. If you have a lawyer representing you in your loss of consortium claim, your lawyer can handle all communications with the insurance company. This takes the pressure off you, and leaves the negotiating to the expert—your attorney. That way you can focus on healing instead of worrying about the ins and outs of the legal process.
Contact Abrahamson & Uiterwyk for Help Today
For help with your loss of consortium claim, get in touch with our team of personal injury lawyers at Abrahamson & Uiterwyk. Our firm has more than 30 years of experience helping injured clients in Florida get the compensation they deserve.
With our team’s experience on your side, you can rest assured that we will do everything in our power to maximize your settlement. Give yourself a break to heal, and let us take care of the legal process. Call us today for your free consultation.