The Basics of Loss of Consortium Claims

Accidents that lead to severe injuries affect many more people than the victims themselves. While the victim’s spouse and children are most directly affected, the repercussions of the victim’s injuries can also affect their friends and coworkers, among others. In Georgia and most other states, the spouses of injured plaintiffs may pursue separate legal claims — known as loss of consortium claims — against at-fault parties for the damages for the damages the accident caused to their relationship. If you’ve suffered as a result of injuries to your spouse, a Tifton personal injury lawyer can help you determine whether you should pursue a loss of consortium claim. 

What Is Loss of Consortium? 

“Consortium” refers to the companionship, love, support, affection, and intimate relations married couples enjoy. When an individual is injured or killed in an accident due to negligence, they may no longer be able to provide the same level of consortium to their partner as before the accident. As such, the plaintiff in a loss of consortium claim is not the party who suffered physical injuries, but that party’s spouse, who suffered an injury to their relationship. Loss of consortium claims can arise from any underlying personal injury claim, including motor vehicle accidents, premises liability, and wrongful death, to name a few. 

Loss of Consortium as an Independent Claim 

Loss of consortium claims are independent of the underlying personal injury claims. Remember, the plaintiff in a loss of consortium claim is typically the injured party’s spouse, not the injured party himself or herself. The landmark case on this issue in Georgia is Stapleton v. Palmore, in which the Supreme Court of Georgia held that “the rule is well established that when the personal injury and loss of consortium claims of the spouses are tried separately and the alleged tortfeasor prevails on the merits at the first trial, the other claim may be maintained later because it is a ‘separate’ and ‘distinct’ claim” 

Proving Loss of Consortium Damages

Loss of consortium damages are difficult to quantify because injuries to a relationship are inherently subjective. Courts and juries typically consider several factors when assessing the degree of harm in a loss of consortium claim, including: 

• The length and stability of the relationship 
• The life expectancy of both spouses
• The severity and permanence of the injured party’s impairments
• The couple’s ability to engage in marital activities 

The testimony of both spouses is often crucial in loss of consortium claims. For example, the injured spouse may testify to the degree to which the injury has affected his or her ability to engage in normal activities, while the non-injured spouse may testify to how the injured spouse’s impairments have interfered in their relationship. The plaintiff may also present “before and after” witnesses who can corroborate the spouses’ claims. 

Pursue a Loss of Consortium Claim With Help From a Tifton Personal Injury Lawyer 

If your spouse has suffered injuries that have compromised your relationship, you may be entitled to pursue a loss of consortium claim. For more information about such claims, please contact a Tifton personal injury lawyer at the Hudson Injury Firm by calling 229-396-5848 or using our online form.