Loss Of Consortium
What is Loss Of Consortium?
A common form of damage in personal injury cases is loss of consortium. According to Georgia law, “loss of consortium” refers to one spouse’s loss of the other’s company, companionship, affection, and all other marital benefits.
Marriage is a partnership, and when one partner in that partnership becomes ill or injured, the other partner may find that they are unable to continue doing the same things for the marriage that they did in the past. The dissolution of the consortium not only results in a loss of services but also has repercussions that go far beyond those. A person who has lost their spouse experiences a loss of affection, support, and many other things.
Gaining an Understanding of Loss of Consortium
Many people believe that loss of consortium claims are solely about sex or physical affection. While this may be a component of the claim, it is frequently only a minor component. The true cost is losing everything your partner used to do before the accident, whether it was housework or going out on your weekly date night.
Examples of losses that may be included in a loss of consortium claim include:
- Decreased ability of the couple to communicate
- Additional costs resulting from medical requirements
- A lack of participation in social activities you used to enjoy before the accident
- Having to handle childcare or household duties on your own rather than with the assistance of your spouse
- An increase in stress brought on by having to complete tasks alone or addressing your spouse’s emotional or medical needs as a result of the accident
After an accident, your relationship should be taken into account if it is in any way impacted. Non-economic damages of this nature should be fully compensated.
How Do I Address Losing Part of My Relationship With a Spouse Before a Jury?
Unfortunately, it can be challenging to explain losses like these to a jury. It can be very awkward for a spouse to talk about the issues in your marriage that the accident has brought about. It might be challenging to describe how a routine activity (like weekly tennis together) affected your marriage and how giving up that activity is putting a strain on your union.
The same is true of extremely private aspects of your life. You might need to let people know that you are receiving individual or marriage therapy as a result of the accident.
It can be difficult to discuss your marital struggles or other important matters with a group of complete strangers. However, you should remember that many couples experience significant difficulties following accidents, and there is nothing to be ashamed of. A judge and/or jury can better understand the profound impact this accident had on your life by hearing about these challenges.
Who in Georgia May File a Loss of Consortium Claim?
Not just spouses but children and parents who are dependent on the victim may also file claims for loss of consortium in some states. But in Georgia, things are different. This kind of claim only addresses the special marriage relationship. Additionally, bear in mind that in order for this claim to be valid, the couple must be wed. Even if you live together, it doesn’t cover losses for significant others in the state of Georgia.
How Are Damages for Loss of Consortium Calculated?
You might find yourself wondering how the law can possibly account for a loss that is both so personal and so challenging to quantify. The fact of the matter is that it is difficult to put a monetary value on this kind of damage. A precise monetary value simply cannot be assigned to the kind of loss that has occurred. Instead, the reasonable value of this type of damage will be determined by the jury or the judge by taking into consideration the nature of the relationship between you and your spouse, as well as the differences in the nature of that relationship after the accident (in comparison to before the accident).
In cases where one of the spouses has been killed, the life expectancy of both spouses will be taken into consideration by the jury as part of their analysis for loss of consortium damages. The lifetime loss of a spouse will be taken into consideration and is a very important factor, particularly for younger couples.
How Much Are Damages for Loss of Consortium Worth?
There is no set monetary value assigned to loss of consortium because it is regarded as a non-economic damage. The circumstances of your accident case and the extent to which it has affected you will strongly influence how much these damages are worth.
Our injury attorneys will always fight for the highest possible settlement. Although we are aware that money can’t fix or replace everything, we nevertheless believe that it can provide you with the tools and resources you need to recover and move on.
One thing that is certain is that you should never accept the value that is given to you by the insurance company. Because insurance companies have no vested interest in your partnership, they will frequently attempt to minimize the severity of the damages or flat-out deny that they occurred.
The insurer is only interested in settling for the absolute bare minimum and ignoring the majority of the non-economic harm you have suffered as a result of the incident.
You will need competent legal representation to assist you in submitting your claim if you want to prevent them from acting in this manner.
After an accident, many married people have a right to seek compensation for loss of consortium, but they might not be aware of this fact. Make sure you don’t pass up the opportunity to have the insurance company cover a significant portion of the non-economic damages you incurred.
The Brown Firm is able to assist you in analyzing your case to determine whether or not you have a claim of this kind and whether or not you should include it as part of your pending legal action.
Contact our team to schedule a free consultation with one of our experienced personal injury attorneys.
Ready to Talk to a Lawyer Who Has Your Back?
Contact The Brown Firm
Get the Answers and Compensation You Deserve
You’ll notice the difference when you contact The Brown Firm! Our local dedicated attorneys want to help you recover and rebuild.
Schedule your free consultation by calling (800) 529-1441 or completing our simple online form.