Loss of Consortium is a legal term referring to the deprivation of the benefits of a family relationship due to injury or wrongful death. This can include loss of companionship, affection, assistance, and support.
The legal concept of loss of consortium recognizes the profound impact that a serious injury or wrongful death can have on relationships and familial bonds. It acknowledges that the injured party’s spouse and family members may suffer losses and damages as a result of the injury, beyond the physical and financial harm suffered by the injured party.
Defining Loss of Consortium
Loss of consortium refers to the deprivation or impairment of benefits of a relationship. In simple terms, it recognizes how a spouse and other family members are negatively affected when a loved one is unable to fulfill their usual role due to an injury or death caused by someone else’s actions.
In Georgia, loss of consortium claims may encompass various aspects, including the following.
Loss of Companionship
Loss of consortium encompasses the loss of companionship, love, and emotional support that the injured party’s spouse or family members would have otherwise received if not for the injury or wrongful death. It recognizes the importance of emotional bonds and interpersonal relationships within the family unit.
Loss of Affection and Intimacy
Loss of consortium may include the loss of affection, intimacy, and marital relations between spouses resulting from the injury or wrongful death. It acknowledges the impact of physical and emotional changes on the marital relationship and the ability of spouses to maintain a fulfilling and intimate connection.
Loss of Household Services
Loss of consortium may involve the loss of household services, assistance, and support that the injured party would have provided to their spouse or family members if not for the injury. This may include tasks such as cooking, cleaning, childcare, transportation, and other household responsibilities.
Loss of Emotional and Psychological Support
Loss of consortium may encompass the loss of emotional and psychological support that the injured party would have provided to their spouse or family members in times of need or crisis. It recognizes the emotional toll that the injury or wrongful death may have on the entire family unit.
Loss of Society and Enjoyment of Life
Loss of consortium may encompass the loss of emotional and psychological support that the injured party would have provided to their spouse or family members in times of need or crisis. It recognizes the emotional toll that the injury or wrongful death may have on the entire family unit.
Loss of Consortium in Personal Injury and Wrongful Death Cases
In Georgia, loss of consortium claims are typically brought as part of a broader personal injury lawsuit filed by the injured party or their legal representative. Spouses and family members may assert loss of consortium claims as separate causes of action seeking compensation for the damages and losses they have suffered as a result of the injury or wrongful death.
To prove a loss of consortium claim in Georgia, the spouse or family members must demonstrate that the injury or wrongful death of the injured party directly resulted in deprivation or impairment of their right to companionship, affection, assistance, and support. They must provide evidence to establish the nature and extent of the losses suffered, including testimony, medical records, expert opinions, and other relevant documentation.
In personal injury cases in Georgia, damages awarded for loss of consortium are intended to compensate the spouse or family members for the intangible losses and damages they have endured as a result of the injury or wrongful death. The amount of damages awarded for loss of consortium may vary depending on factors such as the severity of the injury, the duration of the impairment, the impact on the marital relationship and family dynamics, and the specific circumstances of the case.
Related Case Reference: David Andrew WHITTLESEY, Petitioner, v. Ann P. MILLER, Respondent.
