When someone is seriously injured in an accident, the consequences may extend beyond medical bills, lost wages, and physical pain. A devastating injury can also disrupt the relationships that make life meaningful. Spouses often suffer in silence when an injury prevents their partner from offering companionship, intimacy, or support. This type of harm is recognized in personal injury law as loss of consortium.
In Georgia, spouses may seek compensation for loss of consortium as part of a personal injury claim or wrongful death lawsuit. Understanding what this claim involves, how courts evaluate it, and what Georgia law requires can help families protect their rights when an accident alters their relationships.
What Is Loss of Consortium?
Loss of consortium is a non-economic damage that occurs when an accident deprives a spouse of the benefits of a marital relationship. It recognizes that when one partner is injured, the other suffers too. Loss of consortium can cover:
- Loss of companionship: An injured person may be unable to share time, participate in activities, and offer emotional support.
- Loss of intimacy: Physical affection and sexual relations may be affected by the injury.
- Loss of household services: Injuries may prevent the injured spouse from performing tasks at home.
- Loss of support and care: A spouse may no longer provide the emotional or practical assistance they once did.
This claim acknowledges that an injury affects the marriage as a whole, not just the injured individual.
Common Scenarios That Lead to Loss of Consortium
Loss of consortium can arise in nearly any type of serious accident. Common examples include:
- Motor Vehicle Accidents: A car, truck, or motorcycle crash can cause severe injuries that change a couple’s daily lives.
- Medical Malpractice: Surgical errors or misdiagnoses may leave a spouse with permanent disabilities, affecting their intimacy and companionship.
- Workplace Accidents: A serious workplace injury can prevent a spouse from contributing physically or emotionally at home.
- Catastrophic Injuries: Brain injuries, spinal cord injuries, amputations, and disfigurement often cause profound changes in marital relationships.
- Wrongful Death: When a spouse dies because of another party’s negligence, the surviving partner may bring a wrongful death claim that includes loss of consortium damages.
These situations show that loss of consortium is not a minor side effect of an accident but a real, life-changing injury to the family structure.
Proving a Loss of Consortium Claim in Georgia
Like all personal injury claims, loss of consortium requires sound evidence. Courts do not assume that an injury automatically results in marital harm. Instead, the uninjured spouse must demonstrate how the relationship has changed. Key factors considered by Georgia courts include:
- The length and quality of the marriage before the injury
- The degree of companionship and intimacy lost
- Impact on shared household responsibilities
- Emotional suffering of the spouse
- Whether the injury will have long-term effects
Testimony from the couple, medical professionals, friends, and family members may all help establish how the injury disrupted the marriage.
Defenses Against Loss of Consortium Claims
Defendants often attempt to limit or deny loss of consortium damages. Common defenses include:
- Challenging causation: It could be argued that the injury did not directly cause the marital harm.
- Questioning the marriage quality: It is possible that the relationship was already strained before the accident.
- Comparative negligence: In Georgia, if the injured spouse is found partially at fault under the state’s modified comparative fault rule, damages for loss of consortium may be reduced.
An experienced personal injury lawyer can counter these defenses by gathering strong evidence and demonstrating the true impact of the injury on the marriage.
How a Personal Injury Lawyer Can Help
Navigating a loss of consortium claim requires both sensitivity and legal skill. An attorney can:
- Explain Georgia’s laws on damages and spousal claims
- Gather evidence to show how the injury disrupted the marital relationship
- Negotiate with insurance companies that may try to minimize non-economic damages
- Present persuasive testimony in court to demonstrate the emotional and relational harm suffered
By working with a lawyer who understands both the law and the human side of these claims, couples can pursue fair compensation for the full scope of their losses.
Contact Mark Casto Personal Injury Law Firm for a Free Consultation With a Columbus Personal Injury Lawyer
Loss of consortium is a deeply personal and painful consequence of serious injury. At Mark Casto Personal Injury Law Firm, we understand how accidents affect families—not just individuals. Contact our Columbus personal injury lawyers today at (706) 940-4030 to schedule a free consultation and explore your options.
