Understanding Loss Of Consortium In Georgia

Loss of consortium is the harm a spouse experiences when their partner suffers an injury, and their relationship changes as a result of it. The harm may include the loss of companionship and affection, and the loss of the ability to maintain a physical relationship. Uninjured spouses in Georgia can seek compensation through a loss of consortium claim. 

Georgia law treats marriage as a partnership. So, a catastrophic injury to one spouse can seriously affect the other. If this kind of change happens, uninjured spouses in Georgia can ask for money to compensate for their relationship’s harm.

What Are Some Examples of Loss of Consortium Claims in Georgia?

Loss of consortium claims usually arise due to serious accidents that change the dynamics of a marriage. For example, a car crash might cause a brain injury affecting how a spouse communicates or shows affection. If the injured spouse can no longer help with raising children or handling tasks at home, the other spouse can experience a significant strain in the relationship.

In some cases, workplace accidents can also lead to loss of consortium claims. For instance, if an occupational accident leaves someone with a spinal cord injury, the injury might limit movement and physical intimacy in the marriage. If this happens, the uninjured spouse could file a claim to address the harm to their relationship.

Loss of consortium claims could also arise after medical mistakes that cause severe harm. If a doctor’s error causes a patient to develop a disability, the injured spouse might lose the ability to connect with their partner the way they did before.

What Are the Elements of Loss of Consortium in Georgia?

Uninjured spouses must prove the following basic elements in a loss of consortium claim:

• The couple has a valid, legal marriage – Georgia does not allow claims for people who date, live together, or share children but aren’t married. Only a spouse can bring this type of claim.
• The claim is related to an injury that resulted from someone else’s actions – The injury must have affected the injured spouse’s ability to take part in the marriage as they did before. For example, if an accident causes a permanent disability, it might prevent the injured spouse from helping around the house, showing affection, or raising children with their partner.
• The uninjured spouse must show how the injury has changed their relationship – The court will look at the couple’s relationship before and after the injury to decide whether compensation is warranted for the loss of consortium.

What Is Necessary in Proving Loss of Consortium Damages?

The uninjured spouse must provide evidence of how the injury changed their marriage to recover damages (money) for loss of consortium. This evidence might include proof of the couple’s daily life before and after the injury. For example, the uninjured spouse might describe how the spouses used to share chores, care for children, or emotionally support each other.

The uninjured spouse must also demonstrate how the injury took away or changed those parts of the relationship. Courts may consider testimony from friends, family, or therapists who know the couple well as proof of how the marriage changed after the injury. Photographs, messages, and medical records can also show the impact of the injury on the relationship.

Who May Bring a Loss of Consortium Claim in Georgia?

Only a legally married spouse can bring a loss of consortium claim in Georgia. These claims are not allowed for unmarried partners, even if they live together or share children. The spouse who files the claim must show that their partner suffered an injury because of someone else’s actions and that the injury has affected the marriage in a significant way. Georgia courts treat loss of consortium as a separate claim from the injured spouse’s case, so the uninjured spouse must file their own claim.

How Are Loss of Consortium Damages Calculated?

Courts in Georgia look at several factors when determining how much money to award for loss of consortium claims. Judges typically start by looking at the nature of the injury and how it has affected the marriage. The court might consider how much time the couple spent together before the injury and how much it changed after.

Judges often listen to both spouses and may also hear from family or friends who can describe the changes in the relationship. The court will examine how the injury affected the injured spouse’s ability to provide emotional support, physical closeness, and help with everyday tasks.

Unlike medical expenses or income losses, loss of consortium does not have an exact dollar value. Courts use their judgment and past cases to decide on fair amounts. There is no precise formula, but judges base their decisions on the real impact the injury has had on the marriage. Loss of consortium claims involving injuries that cause severe and long-term changes often yield higher awards.

What Is Georgia’s Statute of Limitations for Loss of Consortium Claims?

You usually have two years from the date of your spouse’s injury to file a loss of consortium lawsuit in Georgia. If you wait too long to sue, the court will likely throw out your case, and you won’t be able to recover anything. The two-year deadline applies to uninjured spouses’ loss of consortium claims even if their spouses file separate injury claims.

You should contact a personal injury lawyer immediately if you believe you have a loss of consortium claim. Your lawyer can keep track of important dates, gather evidence, and file your claim on time. Waiting too long could make it harder to prove how the injury affected your marriage. Prompt action on your part gives your lawyer time to build a strong case and protect your right to seek money for what you’ve lost.

Contact a Georgia Personal Injury Lawyer

If your spouse suffered a serious injury that has changed your marriage, get in touch with R. Alan Cleveland, LLC, today. Our team has recovered over $150 million in fair compensation for injured people and their families across Georgia. We know what it takes to pursue results that make a difference in our clients’ lives. Contact us today to arrange your free consultation and learn more about how we can help you.