Wrongful death or catastrophic injury cases are incredibly heartbreaking for the families of the victim.
For the uninjured spouse, these events can be very emotional as they face a complete change in their way of life—including their marriage.
If your spouse was killed or suffered a life-changing injury, you might be eligible to pursue a loss of consortium claim in Georgia. While no amount of money could ever replace the loss of your spouse, a qualified injury attorney can help you get the compensation you need to care for your family during the difficult road ahead.
Call (706) 354-4000 or reach out to us online today for a free consultation.
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What Are Loss of Consortium Damages in Georgia?
Loss of consortium damages compensate a spouse for the negative impact caused to a married couple’s quality of life together due to the injury or death of the other spouse. Loss of consortium claims center around the uninjured or surviving spouse’s right to the companionship, love, affection, services, and intimacy of their injured or deceased spouse.
Georgia law provides that only a spouse may assert loss of consortium claims. Therefore, other parties, such as a fiance, children, parents, or long-term partners, may not recover loss of consortium damages.
How Much Is a Loss of Consortium Claim Worth?
Determining how to calculate loss of consortium damages, including loss of consortium settlement amounts, is challenging due to the subjective nature of these claims.
Quantifying the loss of comfort or love that a spouse provided appears impossible.
Therefore, based on these challenges, a judge may direct a jury to determine loss of consortium damages, including settlement amounts, based on the circumstances of each specific case.
Recovering economic losses due to medical expenses, property damage, and lost wages requires evidence to support your claim. In contrast, loss of consortium damages do not require direct proof.
Instead, the jury hears evidence of the marital relationship before the injury or death occurred—additionally, they learn the impact of the injury or death on the survivor. For example, an attorney must work to prove the emotional impact of the spouse’s death or injury.
Consider the effect of a wrongful death or catastrophic injury on a spouse in the following scenarios:
- A married couple that enjoyed outdoor activities with their family including hiking, traveling, and camping, is now unable to engage in those activities in any capacity
- An injured spouse is rendered uncommunicative, and the uninjured spouse now loses any opportunity to engage in meaningful conversations
Wrongful death and catastrophic injuries cases also require an analysis of the joint life expectancy of both spouses. If both spouses were significantly older when an injury occurred, it might impact how much a loss of consortium claim is worth. Thus, loss of consortium settlement amounts depend on an array of circumstances unique to each situation. Your attorney will use this information in negotiations.
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Frequently Asked Questions
How Long Do I Have to File a Loss of Consortium Claim?
A loss of consortium claim in Georgia has a four-year statute of limitations, meaning that you must file suit within this time frame if you want to recover compensation.
How Do You Prove Loss of Consortium?
Generally, proving loss of consortium requires the establishment of four essential facts.
These include the following:
- A valid marriage existed
- A spouse suffered an injury or death due to someone else’s negligence
- The other spouse suffered a loss of consortium
- The loss of consortium is due to injury or death
A Georgia personal injury attorney works to prove the presence of these elements to support the success of your claim.
How Much Can You Claim in Loss of Consortium?
Every claim for loss of consortium depends on the details of each case. Obtaining the potential value of your loss of consortium claim requires careful analysis by your attorney and depends on the particular facts and circumstances of your case.
Is There a Cap on Recovery of Loss of Consortium Damages?
In general, no limitations are placed on the amount of economic or non-economic damages awarded in personal injury cases in Georgia.
Get in Touch with Our Personal Injury Attorney for Assistance with Your Loss of Consortium Claim
In such incomprehensible circumstances, you need compassionate and competent legal assistance. At Blasingame, Burch, Garrard & Ashley, P.C., our attorneys listen to our clients and understand your desired outcome before strategizing a plan of action. We know that each case presents its own set of facts. In turn, we tailor our legal services to your unique needs.
With over 200 years of combined legal experience, we have secured over $800 million in compensation for our clients in the last ten years. We understand that money may be the last thing on your mind as you struggle with your new reality. However, obtaining financial compensation may assist you and your family on the road to recovery.
Contact our office online or call (706) 354-4000 today to schedule your initial consultation with our team and find out how Blasingame, Burch, Garrard & Ashley can help you.
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