If your spouse has been seriously injured in a car accident, the physical injuries are only part of the story. The emotional, mental, and relational impact of that injury can change every aspect of your life as a couple. You may no longer enjoy the same companionship, affection, intimacy, or household support you once did.
This negative impact on your marriage is known as loss of consortium. The spouse of an accident victim can seek compensation for loss of consortium in Georgia.
If your spouse was hurt in a car crash, you don’t have to suffer in silence. An experienced Atlanta car accident attorney at GMV Law Group can help. Contact us today for a free case review.
What Is Loss of Consortium in Georgia?
Loss of consortium is a broad category for how an accident harms someone’s relationship with their spouse.
Georgia law recognizes that when a person is injured in a serious car accident, it affects their loved ones. If someone else’s negligence caused the accident, a victim’s spouse can seek damages for loss of consortium.
Consortium covers many elements of a marital relationship, such as:
- Love and affection
- Emotional support
- Companionship
- Comfort
- Household services (like cooking, cleaning, childcare)
- Parental guidance
- Intimacy and sexual relations
When your spouse is seriously injured in a car accident, those parts of your life together may be permanently or temporarily disrupted. A loss of consortium claim gives you the right to seek financial compensation for those losses.
Real-Life Examples of Loss of Consortium
Sometimes, it helps to see what loss of consortium looks like in everyday life. Here are some examples of how accident injuries can impact a marriage.
- Physical limitations: After a car crash, your spouse becomes partially paralyzed. They can no longer participate in shared activities like hiking or traveling, and you now handle all household responsibilities alone.
- Emotional distance: Your spouse suffers a traumatic brain injury that changes their personality. They become withdrawn and irritable, and your emotional connection is deeply strained.
- Intimacy issues: A spinal injury leaves your spouse in chronic pain, which leads to a loss of physical intimacy.
- Mental health changes: Your spouse develops PTSD or depression after the accident, making it difficult to maintain a nurturing and supportive relationship.
If you’ve experienced any of these changes due to your spouse’s injury, you may have a valid claim for loss of consortium.
Who Can File a Loss of Consortium Claim in Georgia?
Under Georgia law, only the legally married spouse of the injured party can file a loss of consortium claim. Unmarried partners, fiancés, or long-term significant others do not qualify.
The accident victim must have a valid personal injury lawsuit for the spouse to have a loss of consortium claim. You should work with an experienced personal injury attorney who can handle both cases.
How Do You Prove Loss of Consortium?
Unlike physical injuries, which can often be proven with X-rays, medical records, or photos, loss of consortium is more subjective.
To prove a loss of consortium claim in Georgia, you’ll need to show:
- You and your spouse were legally married at the time of the accident.
- Your spouse was injured because of the defendant’s egligence (such as in a crash with reckless driver).
- Your spouse’s injuries have had a significant impact on your relationship.
You don’t need to prove that your entire relationship has been ruined, but you do need to show how the accident has negatively affected your marriage.
The following evidence can help support your case:
- Testimony from you and your spouse about how the relationship has changed.
- Statements from friends, family, or therapists who have observed the impact of the injury.
- Medical records showing the extent of your spouse’s injuries.
- A daily journal documenting your emotional and physical struggles since the accident.
- Expert testimony (e.g., a psychologist or marriage counselor) who can speak to the psychological and emotional damage.
How Much Compensation Can You Get for Loss of Consortium?
There’s no exact formula for calculating loss of consortium damages. Compensation varies based on the severity of your spouse’s injury and the impact on your relationship. Factors the court may consider include:
- The length of your marriage
- Your roles and responsibilities before the accident
- How the injury changed your emotional and physical relationship
- Whether the changes are temporary or permanent
- The credibility of your testimony and supporting evidence
How Long Do You Have to File a Loss of Consortium Claim in Georgia?
Georgia has a four-year statute of limitations for loss of consortium claims (Georgia Code 9-3-33). That means you have four years from the date of the accident to file your claim in civil court.
This is longer than the two-year limit for most personal injury claims in Georgia, but don’t wait too long to get started. Even though you have more time, it’s best to act early while the evidence is still fresh.
Also, remember that your injured spouse must file a personal injury lawsuit within two years of the accident. It’s essential to move forward on both claims as soon as possible.
Why Choose GMV Law Group?
When you’re dealing with the aftermath of a car accident and considering a loss of consortium claim, selecting the right legal representation is crucial. GMV Law Group stands out as a top-rated personal injury firm in Georgia.
- Our law firm has recovered millions of dollars for clients.
- We offer clear communication and personalized attention.
- Our bilingual staff speaks English and Spanish.
- We are available 24/7 to help accident victims.
- You pay no fees unless we win your case.
Contact an Atlanta Car Accident Attorney Today
Being the spouse of a car accident victim is incredibly difficult. You may feel helpless and overwhelmed. These emotions are normal. You deserve to be compensated for the accident’s toll on your marriage, just like your spouse deserves compensation for their injuries.
At GMV Law Group, our team of experienced Atlanta car accident attorneys understands the pain and disruption a serious accident can cause for families. We also know how to build a strong case for loss of consortium. Whether your spouse suffered a brain injury, spinal injury, chronic pain, or emotional trauma, we’re here to support both of you in seeking justice.
Call 404-975-4878 or contact us online for a free consultation.
