Georgia Personal Injury and Loss of Consoritum
When a married person is injured, the emotional toll of worrying about the health and well-being of the injured spouse can be overwhelming for the other spouse. In addition to the emotional hardship caused by the accident, a spouse may face demanding physical and financial burdens in caring for their injured loved one. Georgia law recognizes a separate claim for loss of consortium in personal injury cases where a married person suffers a loss of services and companionship as a result of an injury to their spouse caused by a third party’s negligence or intentional misconduct.
Loss of consortium claims can also compensate the non-injured spouse for an increase in the demands and burdens caused by the ordeal. Often, once injured, spouses are unable to offer the same level of affection, intimacy, and companionship as before. For example, an injured spouse may not be able contribute to performing household chores or help out in other spousal duties such as childrearing to the same extent that he or she could before the accident, requiring the non-injured spouse to assume the role of primary caretaker. In Georgia, spouses have a right to recover damages for the loss of such services and companionship a spouse normally could provide absent the injuries, such as household and family expenses, property maintenance and household chores, child care and parenting duties, emotional support and care, affection and sexual intimacy between spouses.
It can be difficult to recover significant damages for loss of consortium in Georgia unless the spouse proves that the impact on the marriage relationship is severe as a result of the seriousness and extent of the injuries. Thus, it is important that spouses document and share all the facts and details about how the injury has affected their marital relationship when consulting an attorney.
If an injury has come between you and your spouse’s ability to engage in activities related to your married life, then you may be entitled to damages for loss of consortium. Contact an experienced Georgia personal injury attorney to discuss your legal options.