Over time, we develop close relationships with people who fit into our lives perfectly. These bonds are invaluable and support us through good times and bad.
But what happens if someone you love gets hurt or dies because of someone else’s actions? Is there a way to recover damages for missing out on their companionship?
Fortunately, there is a legal remedy called loss of consortium in Georgia. It can provide you with compensation after your spouse is injured or killed.
The personal injury attorneys at MG Law have helped many Georgia residents recover damages in these situations and are ready to assist you.
Please feel free to get in touch with us via our online contact form or by calling our office at (770) 988-5252 today to arrange your free consultation.
What Is Loss of Consortium?
Loss of consortium is a legal concept that addresses the changes in a relationship when one member suffers a serious injury or harm. It recognizes that you can also experience emotional and relational losses when a loved one is hurt.
These losses can deprive you of the relationship you had with your spouse. A loss of consortium claim can compensate you for these missed experiences and the suffering you experienced due to your spouse’s injuries.
What Damages Can I Recover Under Loss of Consortium?
The harm that comes with a loss of consortium isn’t something you can see or touch, but it’s very real.
Some of these damages can include:
- Loss of companionship and emotional support,
- Loss of intimacy,
- Inability to engage in regular activities together,
- Emotional distress and psychological suffering,
- Strained family relationships,
- Loss of guidance and care, and
- Loss of household contributions.
Damages are often specific to your relationship and household. Think about what other ways your spouse contributes to your life. You may be eligible to recover damages for these as well.
Loss of Consortium Examples
Imagine a husband is in a car accident and needs long-term care. He used to be very active but now needs assistance with daily activities like getting dressed. His wife may suddenly find herself caring for an injured partner. She has to deal with the emotional strain of seeing her loved one suffer. She also experiences a loss of companionship and intimacy because of her husband’s injuries.
Similarly, picture a wife who undergoes a serious medical procedure. It results in life-altering complications due to medical negligence. This negligence leaves her incapacitated and unable to perform everyday tasks. She can’t support her family emotionally or partake in shared hobbies with her spouse. The spouse can file a loss of consortium claim because of the emotional toll that comes with this change in his relationship.
Who Can File for Loss of Consortium in Georgia?
Most states follow the traditional loss of consortium rule. The rule allows only a spouse to file a loss of consortium claim. Georgia courts follow this rule, so you can file a loss of consortium claim only if you are legally married.
What Is Loss of Consortium Worth?
The value of a loss of consortium claim depends on a range of factors and how the jury views them.
In most cases, the jury reviews the total compensation your spouse received for their damages. These damages can help the jury determine the full value of your claim. The more damages your spouse received, the more likely that your relationship has been changed. The loss of consortium award will often be a percentage of your spouse’s total compensation.
In addition to this, the jury may review factors like:
- Your spouse’s injuries,
- Your physical and mental harm, and
- Your spouse’s age.
Keep in mind that there is no cap on damages for loss of consortium. Unlike some states that may impose limits on certain damages, Georgia allows you to receive any amount that the jury awards.
In addition, you can sometimes receive punitive damages on a loss of consortium claim. These types of damages are rare because they punish truly egregious behavior. The statutory cap on punitive damages is $250,000.
What Is the Statute of Limitations for Loss of Consortium?
Many spouses don’t consider filing a lawsuit until they realize the reality of their situation. Some wonder if it is too late to recover compensation for damages related to the new lifestyle that comes with having an injured spouse. Fortunately, you have four years from the date of your spouse’s injury to file a loss of consortium lawsuit in Georgia.
Why Hire a Loss of Consortium Attorney?
Navigating the legal landscape of loss of consortium in Georgia can be challenging, especially when dealing with the emotional toll of a loved one’s injury. An experienced attorney can take on this burden while offering support along the way.
Legal Knowledge
Attorneys understand the intricacies of the law. They’re well-versed in personal injury cases and loss of consortium claims. They can explain your rights, assess the strength of your case, and advise you on how to proceed with your lawsuit.
Evidence Gathering
Building a strong case often hinges on collecting compelling evidence. Attorneys know what evidence is essential to support your claim, especially when damages are hard to quantify. They can help gather medical records, witness statements, and expert opinions to strengthen your case.
Negotiation Skills
Attorneys know how to present your case to insurance companies and other parties involved in the case. They understand how to calculate the full extent of your losses, including both economic and noneconomic damages. They’ll strive to help you receive the maximum compensation available under the law.
Court Representation
The other side might not agree to settle your claim, so you may need to go to court. Your attorney will be ready to present your case to the judge and jury. They will advocate for your rights and ensure that the court hears evidence of all your damages.
Contact a Georgia Personal Injury Lawyer
Our law firm focuses on personal injuries and loss of consortium. We’ve helped clients receive millions for their damages, so our results speak for themselves. Our attorneys believe in getting justice for our clients, and we will never stop fighting until you’re satisfied.
Contact us online or call our office at (770) 988-5252 today to schedule your free consultation.Â
Michael Geoffroy’s law practice focuses on auto collisions, premises liability, wrongful death, and catastrophic injury. He stands up for the cause of justice throughout Georgia and on behalf of his clients every day. He is a leader in both the courtroom and the community, having been recognized numerous times for his involvement in each.