Loss of consortium is a unique claim because it is the spouse of an injury victim who asserts it, not the injury victim themselves. That is because when you claim loss of consortium, you are claiming that you suffered harm because of injuries to your spouse.
Loss of consortium is also a derivative claim, meaning you can only win it if your injured spouse wins their own personal injury claim.
The Legal Elements of a Loss of Consortium Claim
You must prove the following facts to win a loss of consortium claim:
- There was a valid marriage between you and your spouse at the time the injury occurred;
- Your spouse suffered an injury;
- The defendant’s negligence or intentional misconduct caused your spouse’s injury;
- You suffered harm to your relationship with your spouse (loss of consortium); and
- The defendant’s misconduct is what caused your loss of consortium.
A careful analysis of these elements will reveal that they require you to win two claims in one. Your spouse must have won their personal injury claim (case #1), and you must prove that their injury is what caused your loss of consortium (case #2).
Please also note that you cannot pursue a loss of consortium incident to a wrongful death claim because wrongful death damages already cover loss of consortium in all but name.
Only Spouses Qualify To File Loss of Consortium Claims in Georgia
In some states, various close family members, such as the injured victim’s children, can seek damages for loss of consortium. In Georgia, however, only the victim’s spouse can seek loss of consortium damages.
The Statute of Limitations
The Georgia statute of limitations for personal injury, including loss of consortium, is two years. Your claim will die unless you either file a lawsuit or finalize a settlement (with a signed settlement agreement) before the two-year statute of limitations clock runs down to zero.
There are exceptions, but only for rare cases. Contact a lawyer as soon as possible for help.
Contact a Lawrenceville Personal Injury Lawyer With Your Loss of Consortium Claim
Since loss of consortium is not a stand-alone claim, you will need an underlying personal injury claim in favor of your spouse before you can assert yours. If you have one, contact an experienced Lawrenceville personal injury lawyer at Lawson Personal Injury Attorneys. Call us at (678) 446-3655 to help guide you through the legal process.