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What is a loss of consortium claim in a personal injury case?

On Behalf of | Sep 11, 2021 | Car Accidents

Sometimes, injuries sustained following an accident may affect other aspects of your life beyond the physical and mental spheres. For example, these injuries might have adverse effects on your relationship with the people closest to you. An example would be the bond between you and your spouse, which may be strained or broken down due to your injuries. In such a case, you can seek remedy for the deprivation of family relations by making a loss of consortium claim.

Below is more of what you should know about a claim for loss of consortium.

What does a loss of consortium entail?

Loss of consortium is not restricted to physical interactions between you and your spouse. It stretches to everything you used to do as a couple that you can no longer engage in due to your injuries, such as household chores or the occasional date nights. Other examples that may amount to a loss of consortium include:

  • Not being able to participate in social activities with your spouse due to your injuries
  • An inability to communicate properly as a result of your injuries
  • Increased stress levels that take a toll on your spousal relationship, among others

Virtually anything that you customarily did with that loved one before your accident that you can longer enjoy doing afterward could warrant your filing a loss of consortium claim.

What the law in Georgia says regarding loss of consortium

While children and dependent parents of the personal injury victim can claim loss of consortium in some states, the law is different in Georgia. Only the spouse can claim loss of consortium, and for the claim to be available, the couple must be married. In addition, the law in Georgia does not place a cap on non-compensatory damages. 

It may be a bit difficult to quantify loss of consortium claims. Insurance companies or the courts may weigh various factors, such as the contrast in your marital relationship before and after the accident before deciding whether you have a valid claim and the financial loss associated with it. You may unknowingly suffer a loss of consortium after an accident, which is why it is essential to look out for your rights and get the justice you deserve.