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How Loss of Consortium Works in Georgia

By Grant Law Office on May 20, 2023

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Loss of consortium can have a profound impact on a personal injury claim. It encompasses how a spouse’s physical injuries impacted the marriage, including the loss of love, companionship, and comfort. Only the spouse can bring this kind of claim to court. To increase your chances of recovering fair compensation, ensure you have an experienced Atlanta personal injury lawyer on your side.

Damages Awarded for Loss of Consortium

A loss of consortium claim is unlike a personal injury claim. You would not be able to recover medical expenses or missed wages. Measuring the value of the damages awarded in this type of claim is also an exceptionally challenging task because of the noneconomic nature of these losses. As such, judges often instruct juries to base the value of these claims on their “enlightened conscience.” To render this decision, juries will consider how a spouse’s injuries affect their ability to provide sexual intimacy, company, aid, friendship, and cooperation in marriage.

Examples of Loss of Consortium

There are many ways in which severe injuries could negatively impact a couple’s marriage. These are some examples of loss of consortium that may be included in your claim:

  • Spouses cannot communicate as well as they used to
  • The medical needs of the injured spouse may place a heavy burden on the relationship (such as the inability to use the bathroom alone)
  • The injured spouse may no longer be capable of engaging in social activities that were once part of the marriage
  • The spouse’s injuries may be so severe that the other spouse has to perform all household chores on their own
  • The stress of having to run the household alone and care for an injured spouse could take a substantial emotional toll

The factors that would be considered when determining the value of losses such as these include how long it took for the spouse to recover from the injury, the severity of the injury, if a full recovery from the injury is possible, and the degree to which it impacted the marriage. A jury may also consider other factors, such as the age and overall health of the injured spouse.

Evidence Needed for a Loss of Consortium Claim

To support a loss of consortium claim, you will need evidence that is direct and decidedly more objective, including:

  • Medical records that document your spouse’s injuries
  • Therapy or counseling records
  • Videos that document your daily life with your injured spouse
  • The costs of any services you may need now that your spouse is no longer able to contribute to the maintenance of the household
  • Documentation that could demonstrate the injured spouse’s life expectancy as a result of their injuries

Before-and-after witness testimony could also be quite helpful for your claim. Witnesses would be able to help substantiate your account of how your spouse’s injuries affected the marriage.

Loss of Consortium and Personal Injury Claims

Loss of consortium could also play a role in a personal injury settlement or judgment. Compensation in such cases encompasses both economic and noneconomic damages, the latter of which could include loss of consortium. Depending on the severity of a victim’s injuries and the impact they may have had on the marriage, this factor could carry a considerable amount of weight in calculating damages in a personal injury claim.

Discuss Your Loss of Consortium Case with an Atlanta Personal Injury Lawyer

If your spouse was injured in an accident caused by another party’s negligence and it had a major impact on your marriage, the legal team at Grant Law Office in Atlanta could provide the compassionate legal counsel you need during this difficult time. Call us today at (404) 995-3955 to schedule a free case consultation.

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Grant Law Office Disclaimer: The legal information offered herein by Grant Law Office, is not formal legal advice, nor is it the formation of an attorney client relationship. In order for our firm to be considered your attorney there must be a signed agreement between the client and the firm. Any results set forth herein are based solely upon the circumstances of that particular case and offer no promise or guarantee on the outcome of any other case. Please contact a lawyer for a consultation.

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