Injury or loss of a loved one due to negligence can be a heart breaking and life altering event that affects not just the injured, but the entire family. For years, the Yau Law Firm has represented injured people in auto-accident, dog bite, and slip & fall cases.  But, what about family members of our injured clients? The loss of love, affection and relationship a family member once had can also make him or her an injured party. Outside of the claims the injured party has made, there are damages that can be sought after for your loved one’s loss as well. The is called Loss of Consortium, defined as the deprivation of the benefits of a family relationship (including affection and sexual relations) due to injuries caused by another’s negligence.

Last week’s Westlaw Insider’s Verdict of the Week relates just to this topic. On July 3, 2012, the jury in Davis v. Bamford Inc., awarded the plaintiff’s wife with damages in loss of consortium after the defendant’s vehicle collided with her husband, Bobby Davis’s, vehicle. As a cause of the collision, a metal pipe from the defendant’s truck impaled and pinned Davis inside of his own vehicle, inflicting severe injuries. The jury for this case did not need to decide liability because the District Court of Nebraska entered a partial summary judgment in favor of the plaintiffs. Rather, the only question remaining for the jury to decide was the amount of damages that the plaintiff and his wife could claim.

Florida recognizes Loss of Consortium claims. Contact the Yau Law firm today to find out how we can assist your entire family with an injury or wrongful death claim. Your consultation is FREE and our work is guaranteed to be FREE until you have received a settlement or an award of damages from trial.

Filed under: Personal Injury by Yau Jo-Anne Friday, March 22nd, 2013