Loss of Consortium Claims in Georgia

##Understanding Loss of Consortium in Georgia

If your spouse suffers a serious injury in Georgia, you may have the right to bring a loss of consortium claim—even if you were not physically harmed. “Loss of consortium” means the loss of the injured spouse’s companionship, affection, and services due to their injury. Georgia courts have recognized this right since at least 1887.

Below is a quick guide to help you understand this important legal concept:

What Is Loss of Consortium? Loss of consortium covers the loss of the injured spouse’s love, companionship, and help around the home. It also includes the impact on your sexual relationship and emotional support.

Who Can File a Claim? In Georgia, a husband or wife can file a loss of consortium claim if their spouse has been hurt by someone’s negligence or wrongful act. The non-injured spouse can seek damages for how the injury affects the marriage.

How Are Damages Calculated? Loss of consortium is considered a type of “general damages.” That means there is no exact dollar amount set by law. Instead, a jury uses its “enlightened conscience” to decide what is fair, based on evidence of how the injury harmed your marriage.

Key Points to Prove Liability: You must show that the other party caused your spouse’s injury. Impact on Your Marriage: You must prove the injury affected your daily life together—such as loss of household help, affection, or other shared experiences.

No Double Recovery Keep in mind that you cannot recover damages for your spouse’s own losses (like their medical bills or lost wages) in a loss of consortium claim. Those belong to your spouse’s personal injury case.

Because loss of consortium involves deeply personal and sometimes hard-to-measure factors, it is wise to speak with an experienced Georgia personal injury attorney. They can help you gather the right evidence to present the full impact of your spouse’s injury on your relationship.