Women's Rights to Recovery from Spousal Injuries

By Gary Doane  

Our system of common law has descended to us from that originally developed by the English kings hundreds of years ago. As such, there were interesting quirks that no woman would tolerate today. Indeed, women were often treated more like property than like people. In the old common law a woman had so few individual legal rights that when she was injured through the negligence of another, it was her husband who had a claim. She had no claim herself. The husband’s claim for the injury to his wife was compensated by determining how her value to him was affected. The elements of damage for which compensation could be awarded became what we know today as companionship, services and society.

When Florida became a State, it had no body of law in existence. In order to create such law, the legislature of the State of Florida adopted the common law as it existed in England at that time. Therefore, the old common law of England was once the law of the State of Florida. Although many remnants of that still exist, the law of the State of Florida has become much more enlightened over the past hundred and fifty years of development.

Women’s rights now, in this regard at least, are equal to men and in some instances greater than a man’s. Now the law recognizes the rights of women, so that if a woman is injured through the negligence of another she has the main claim. The husband has only what is now called a “consortium” claim. That is the claim that gives the husband the right to recover for his loss by virtue of the injury to his wife. The elements of damage, companionship, services and society, are generally a minor part of the entire claim. Conversely, a woman has the same right. She is entitled to a claim herself for loss of consortium when there is an injury to her husband. Although her husband has the main claim she is entitled to compensation based on the same elements of damage. It is the same for her as for him if the roles were reversed.

If a personal injury case is tried to a jury, the verdict form the jury uses has a separate line on it for the jury to determine the value of the lost consortium. This is true whether the spouse making the consortium claim is the wife or the husband. The amount awarded is payable directly to the spouse making the consortium claim. As noted, there are some instances where the old common law is still recognized and favors the rights of women.

For instance, at common law a husband was legally obligated to pay for the medical expenses, and other necessities, of his wife. This throwback to the common law era evolved through the husband’s obligation to take care of his wife. It was also associated with the recognition of the law that allowed a husband to beat his wife. If he beat her to the point of injury, he was obligated to provide care for her. The law no longer tolerates abusive conduct on the part of a husband, or of either spouse. Although now we ordinarily look to each individual for the payment of living expenses, a husband is still legally liable for the payment of his wife’s necessities. If she incurs medical expenses, he can be held legally liable for them. Conversely, a wife never had such an obligation, does not have it now, and likely never will.   I

f you need an expert with the law, call someone with experience, call Gary Doane, Esquire, Legal Experts P.L., 407-846-2070