When your spouse is seriously injured, it can have a serious impact on every aspect of life, including your marriage. A claim for loss of consortium in Georgia allows a spouse to pursue compensation when their husband or wife sustains serious injuries that disrupt the marital relationship. A loss of consortium claim focuses on the emotional toll, physical impact, and disruption of marital relations that a catastrophic injury can have on a marriage.
If your husband or wife has suffered a serious injury in a car accident or other incident due to someone else’s negligence, you may have the option of pursuing compensation for the harm to your marital relationship. An experienced Atlanta personal injury lawyer can review the accident and help you understand your legal options during a free consultation.
How Does Georgia Law Define Loss of Consortium?
Georgia recognizes loss of consortium as the deprivation of a spouse’s companionship, support, affection, and other intangible benefits. The loss must be due to an injury caused by a third party’s negligence.
A loss of consortium claim is separate from the injured spouse’s personal injury lawsuit seeking compensation for medical expenses and lost wages. Only the legally married spouse may bring a loss of consortium claim. The claim does not require physical injury to the claimant. However, the harm to their marriage must be directly tied to the injured spouse’s serious injuries.
What Are Some Examples of Loss of Consortium?
When a spouse is seriously injured, it can change a couple’s marriage forever. The injured spouse often cannot contribute to the marriage as they once did. As a result, the couple’s life suffers a negative impact. The harm cannot be quantified the way medical bills and lost income can be. Instead, a loss of consortium claim addresses the non-economic impact on a marriage.
A loss of consortium claim can cover:
- Loss of companionship — The injured spouse can no longer engage in shared activities, hobbies, or travel.
- Loss of intimacy — A serious injury may result in the inability of a couple to maintain sexual relations.
- Loss of emotional support — An injured spouse’s trauma may lead to emotional withdrawal, depression, or personality changes.
- Loss of household services — The non-injured spouse may have to assume new responsibilities such as childcare, housework, yardwork, and managing household finances.
Depending on the specific facts of the case, a spouse may be able to receive compensation for other intangible losses. The best way to find out whether you’re eligible to file a loss of consortium claim – and how much compensation you may seek – is to talk with an experienced personal injury attorney.
What Types of Evidence Are Needed for a Georgia Loss of Consortium Claim?
Proving a loss of consortium claim requires evidence to show how the injury negatively affected the marriage. The common types of evidence include:
- Medical records — Records of medical treatment establish the extent and nature of the spouse’s injury.
- Expert testimony — Psychologists, therapists, or medical experts can provide insight into a serious injury’s emotional and relational impact.
- Witness statements — Family members and close friends can attest to changes they’ve observed in the relationship since the injury occurred.
- Personal testimony — The non-injured spouse can describe the direct impact on their relationship, daily life, and emotional well-being.
- Photographs and videos — These can illustrate the couple’s relationship before and after the injury. The photos and videos can highlight the various ways the relationship has changed.
Who Can File a Loss of Consortium Claim in Georgia?
Georgia law generally limits the filing of loss of consortium claims to legally married spouses. That means unmarried partners, fiancés, or domestic partners are not eligible to file. Even if two unmarried individuals are living together, sharing income, and household responsibilities, you won’t be able to pursue consortium compensation.
It’s also important to remember that you can only recover compensation for loss of consortium if your injured spouse proves their personal injury claim. If the personal injury claim fails, then the loss of consortium claim will be dismissed. Working with an experienced injury attorney is the best way to improve your chances of recovering damages.
How Is Loss of Consortium Calculated?
Loss of consortium claims seek compensation for non-economic losses. That means there is no fixed formula to calculate the value of a claim. Instead, a court will listen to the evidence and determine whether a claim qualifies for consortium damages and how much you’re entitled to recover.
Courts consider factors such as the following:
- Severity of the injury
- Impact of the injury on a couple’s daily life
- Length of the marriage
- How long the injury has affected the married couple
- Affect of the injury on the couple’s companionship, shared activities, household and childcare duties, and intimacy.
An experienced trial attorney can present compelling evidence and arguments to support your loss of consortium claim.
How Long Do You Have to File a Loss of Consortium Claim in Georgia?
Under Ga. Code § 9-3-33, Georgia has a four-year statute of limitations for filing a loss of consortium claim. So, you have to file your claim within four years of your spouse’s injury. If you miss the deadline, you’ll lose your right to seek loss of consortium damages.
There’s one notable exception to this deadline: if the injury resulted from medical malpractice, you only have two years to file for loss of consortium.
It’s always a good idea to file your claim as soon as possible. The longer you wait, the harder it can be to gather key evidence.
Contact a Georgia Personal Injury Lawyer
If your spouse’s injuries have adversely affected your marriage, you may be entitled to demand compensation from the at-fault party who caused the injuries and their insurance company. Loss of consortium claims can be challenging to prove, so it’s essential to have an experienced law firm on your side. The battle-tested attorneys at Bayuk Pratt have the experience, knowledge of personal injury law, and resources to fight for the fair compensation you deserve.
Our legal team has more than 50 years of combined legal experience handling the aftermath of serious accidents. As former defense attorneys at two of the world’s largest defense firms, the founding partners of Bayuk Pratt have insider knowledge of the tactics that insurance companies use in settlement negotiations. We use that insider knowledge to our clients’ advantage during the insurance claims process. To learn more and discuss your case, contact us today and receive a free consultation.
