What is a loss of consortium in a personal injury claim?

On Behalf of | Jan 23, 2022 | Accident Injury |

Following a personal injury, some damages may be less obvious than others. In fact, there are many situations that leave the spouse of the actual accident victim suffering, as well.

If your spouse’s injuries affect your interpersonal relationship in any way, then you may file a loss of consortium claim. Here is more on what you need to know.

What is included in a loss of consortium claim?

Marriage consortium is broadly defined as the conjugal relationship between a couple and their right to each other’s company, affection, and support in the marriage. 

In a loss of consortium claim, a spouse may be entitled to compensation for the loss of companionship, comfort, support and love, among others. Any aspect of the spousal relationship affected by the primary victim’s injuries may form part of a loss of consortium claim. 

For example, if your spouse suffered a traumatic brain injury, you may now feel more like their caretaker than their spouse – and you may have been robbed of the life companion you once knew.

Who can bring a loss of consortium claim?

Usually, only spouses can file a loss of consortium claim since they are directly affected. In addition, just like other personal injury claims, spouses in Georgia only have four years to file their lawsuit. If they exceed that time limit, their claims will usually be denied.

Protecting your legal rights

You deserve adequate compensation for all damages caused by another party’s negligence, including a loss of consortium. Be proactive in safeguarding your legal rights and ensuring that the compensation covers everything. How you navigate your case will determine its outcome, which is why you should be well prepared.