What Is Loss of Consortium?
A spouse’s serious injury or untimely death will undoubtedly have a profound impact upon your life. For example, if you lose your husband or wife in a fatal car accident, you will miss their boundless love and physical, emotional, and financial support. You will be forced to re-adjust to a life that is starkly different from the one that you lived before the accident. For instance, you might have to raise your children on your own while working full-time. That can be a very difficult adjustment, especially if your spouse was the primary breadwinner or primary child caregiver before their injury or death forced you to serve both roles.
Although your life might never be the way it was before your spouse passed away, you can recover financial damages for your losses. Your personal claim is known as a loss of consortium claim. A loss of consortium claim is considered a non-economic claim, meaning that the value of the claim is determined by the discretion of the jury. Even though the jury decides the value of that claim, you can provide testimony to help explain the scope of your losses – often the worst loss that you have incurred. The skilled Atlanta wrongful death lawyers at Allen & Scofield Injury Lawyers, LLC will help you prove your loss of consortium claim so that you can recover the full measure of damages for your losses.
The Definition of Loss of Consortium
Consortium means “sharing a partner.” Under Georgia law, loss of consortium relates to the loss of society, companionship, love, affection, comfort, sexual relations, and aid that you suffer as a result of your partner’s injuries or death. In Georgia, only the spouse of the injured or deceased may file a loss of consortium claim against a liable party.
There are many types of losses that can be considered as part of a loss of consortium claim. Some of these losses include the loss of assistance with childcare and household chores, the loss of affection, intimacy, and companionship, having to care for the injured spouse, and the emotional stress resulting from these life-altering changes.
How Much is a Loss of Consortium Claim Worth?
Every loss of consortium claim is unique. The severity of your spouse’s injuries and how they impacted your life will determine the amount of compensation you might recover. In most cases, permanent injuries and death will lead to larger compensation from loss of consortium claims because the trauma from those events is severe.
Damages received from a loss consortium claim can conceivably pay for childcare and housekeeping services to ease some of your financial burdens. You might also use that compensation for pay for counseling services or to help compensate for your lost wages if you’ve had to miss work to care for your spouse or children. No amount of compensation can restore your prior life; but, it can relieve some of the greatest difficulties you’re facing.
Why Consult an Atlanta Personal Injury Lawyer
If your life was dramatically altered because your spouse was injured or killed in an accident that was not their fault, you should immediately contact an Atlanta personal injury lawyer. Your lawyer will investigate your case and determine whether you have an actionable wrongful death claim or loss of consortium claim. If your claim is valid, your lawyer will help you collect the evidence that you need to prove your loss of consortium claim so that you receive fair compensation by all of your losses.
Contact Allen & Scofield Injury Lawyers, LLC
If your spouse has been killed or severely injured in an accident caused by someone else’s negligence or reckless behavior, you should contact Allen & Scofield Injury Lawyers, LLC today.
We are here listen to your story and answer all of your questions. We will offer you an honest and objective evaluation of your legal claims. If you have a valid wrongful death claim and wish to pursue it, along with a loss of consortium claim, we will help you prove your claims.