When someone gets hurt due to another party’s negligence, the harm often goes beyond their physical injuries. In many cases, the consequences are devastating for the victim’s spouse as well. In personal injury law, the term “loss of consortium” describes the losses that a spouse experiences due to their partner’s injuries. So, when can a spouse sue for loss of consortium? Here’s what you need to know about what constitutes a loss of consortium, when this type of claim exists, and how much it may be worth.
What Is Loss of Consortium?
“Loss of consortium” is a legal term denoting the loss of companionship, emotional support, physical intimacy, and other aspects of a marital relationship affected by injury or death. Possible examples of loss of consortium include the following:
- A breakdown in communication between spouses due to physical or cognitive impairments
- The added pressure on a spouse to provide care, including by helping the injured individual get dressed, use the bathroom, or feed themselves
- The inability of spouses to participate in social activities or travel together
- The injured person’s inability to perform childcare, household chores, or errands
- The loss of sexual intimacy between the partners due to disability
Who Can File for Loss of Consortium in Georgia?
Only the injured person’s spouse can file a claim for loss of consortium damages in Georgia. Unmarried partners, children, and other relatives do not have the right to file this type of suit.
Damages Awarded in a Loss of Consortium Claim
If successful in a loss of consortium lawsuit, a spouse can recover compensation for:
- Emotional distress from watching a spouse suffer
- Loss of intimacy and affection
- Disruption of plans for retirement or travel
- Strain on the marital relationship
- Distress associated with role changes, like transitioning to a caregiver role
Georgia has no formula to determine the size of a loss of consortium award. Judges ask juries to appeal to their “enlightened conscience” to decide how much a spouse should receive.
When calculating these damages, your attorney will consider how drastically your life has changed due to your spouse’s injury. Emphasizing these subjective losses can significantly increase the potential value of your financial recovery. With an experienced attorney fighting for your rights, you can obtain the support you both deserve during this challenging period.
Reach Out to Our Experienced Attorneys Today
Life after an accident can feel like a barrage of impossible challenges for both the injured individual and their spouse. When another person’s negligence causes these challenges, both spouses have a right to hold the at-fault party accountable.
The experienced Georgia loss of consortium attorneys at Brauns Law Accident Injury Lawyers, PC, have many years of experience helping injured Georgians recover the compensation they are owed. We will put our knowledge, skills, and resources to work to protect your rights.
Contact us today for a free case evaluation to learn more about how we can help you.
