Examples of these losses could be:
- No longer having help with household chores or childcare
- Inability to communicate as you did before
- Having to be a caregiver to your spouse with things like using the bathroom, changing bandages, or getting around because of their injuries
- Decreased ability to have date nights or be social as before
- Increased emotional stress from having to care for your spouse on top of daily tasks
Loss of consortium also refers to the loss of support and affection due to a spouse’s injuries or death. Basically, this damage is all about the spouse not being able to contribute as they did before the accident. It can also apply if both spouses have been injured.
If you an accident has negatively affected your relationship in these sorts of ways, you likely have a valid loss of consortium claim. Getting a settlement for loss of consortium can help you both recover and move on from the accident.
Liability in Loss of Consortium Claims in Atlanta
In Georgia, the party who is at fault for an injury accident is liable for damages. The at-fault party or their insurance company is responsible for paying the costs of everyone who gets hurt. Loss of consortium is one of those damages.
The at-fault party must have been negligent (which is a legal term for “careless”) in some way:
- Negligence means they were not exercising ordinary care to keep others from harm.
- Someone does not have to intend to cause harm to be negligent.
- However, negligence does mean they are responsible for damages like loss of consortium.
If you or your spouse were hurt by the actions of others, you may be able to file a personal injury claim for loss of consortium. If you’re unsure whether this is a damage you can claim, contact an experienced personal injury lawyer who can help.
How an Injury Claim for Loss of Consortium Is Calculated
Some damages in a personal injury claim are pretty straightforward. Medical bills, lost wages, and property damage typically have receipts or pay stubs demonstrating their value. The same cannot be said for damages like loss of consortium. This makes them harder to calculate and typically requires the expertise of an attorney.
To decide on the value for loss of consortium, a jury usually hears evidence of how the marriage was before the accident. Then, they try to dictate how much the relationship has changed and what the difference is worth. This is typically how the award for loss of consortium is decided.
If a spouse was killed in an accident, it becomes a wrongful death case. When determining the value of this claim, the jury will look at how long both spouses would have lived together if one hadn’t been killed. Expert testimonies are often involved in this process.
How a Lawyer Can Help Your Loss of Consortium Claim
Personal injury cases typically focus on the injured party. But with loss of consortium, the suffering of both spouses is considered. Insurance companies rarely pay much on a regular personal injury claim, let alone damages for the injured or deceased person’s spouse. Without a lawyer, it can be hard to get what you need from your claim.
A personal injury lawyer can help:
- Communicate and negotiate with the insurance company for you
- Investigate the accident and gather evidence
- Send the spouse to the right doctors for evaluating their condition
- Present evidence in the best way to the insurance company or jury
Discuss Your Loss of Consortium Claim for Free
For loss of consortium cases, it’s best to work with a lawyer who understands these types of claims. John Foy & Associates can be that support for you. We know how to best present the evidence and advocate for your rights. Plus, we do not take a fee until after we win you money. You can start working with us right away and not have to stress about upfront payments.
To get started today with a FREE consultation, call us at (404) 400-4000 or contact us here.