Personal injuries do not only affect the victims. Spouses, partners, and children of victims can also be affected. Depending on the victim’s role in their lives before the accident, a loss of consortium claim can be brought against the defendant.
If your spouse, partner, or parent has been a victim of an accident, you may feel you can bring a loss of consortium claim. For that, you would need the help of a Powder Springs personal injury lawyer. Our lawyers at The Weinstein Firm would evaluate your case, working with you to determine the best way to present it.
What Is Loss of Consortium?
A loss of consortium refers to the inability of a spouse to have sex with their partner. This could be for some time or permanently and is often a result of suffering injuries or even death. In addition, in some cases, the injured party may not participate in sexual activity due to mental distress. As a result of this, a loss of consortium claim can be brought against the defendant.
Loss of consortium claims, however, goes beyond the inability of a spouse to have sex with their partner. It also covers the loss of companionship, affection, and other benefits that partners bring to a marriage.
Who Can Sue for Loss of Consortium?
In some states, anyone from a spouse to the children of an injured party can sue for loss of consortium. However, that is not the case in Georgia. Only spouses of injured persons can sue for loss of consortium. Not even partners are allowed to sue even if they live together.
To get damages in a loss of consortium claim, one must prove an existing marriage before the injury. Furthermore, they must prove that the spouse was injured and subsequently lost consortium as a result of the injury. Without doing this, any case could be dismissed by the jury.
How Much Can You Get in a Loss of Consortium Claim?
Now that we’ve discussed the meaning and who can sue, we examine how much you can receive as compensation.
The damages awarded in a loss of consortium lawsuit depend on the jury. Arriving at a fair financial value for a loss of consortium claim is difficult. Therefore, the jury would consider some factors, including but not limited to the stability of the marriage and how long it would take for the plaintiff to recover.
In addition, they would also consider the plaintiff’s contribution to the family prior to the accident. The marriage’s less savory details, such as a history of infidelity, could also be brought up. As usual, the defendant’s lawyers would try to undermine your claim to allow them to pay as little as possible in damages. Therefore, having an experienced lawyer guiding you would make this process easier.
Limitations on Loss of Consortium Claims
Deciding to pursue a loss of consortium claim is not an easy decision to make. Going ahead with it could mean that intimate parts of your relationship are brought to the limelight. In addition, the damages awarded may not do anything to alleviate the pain and suffering the affected parties go through. Furthermore, a person may lose their right to sue if they fail to bring their claim in time.
So it is normal for plaintiffs to wonder how long it takes before losing the right to bring a claim. This is where the Georgia Statute of Limitations comes in. While the law provides two years for most personal injury cases, it is four years for loss of consortium claims. Therefore, you have four years to decide if you want to pursue a loss of consortium claim.
How Can Personal Injury Lawyers in Atlanta Help You?
Having someone you love get injured and lose some of their abilities as a result of another person’s negligence can be frustrating. You may also feel that you are entitled to a loss of consortium claim against the defendant. However, your pain is not enough for a judge or jury to grant you a settlement.
You would need a personal injury lawyer to guide you through the process. This lawyer would also prepare you for whatever could come up in court, enabling you to decide whether to proceed with your claim. Our Powder Springs personal injury lawyers at The Weinstein Firm are well trained for that. We treat your personal injury case with the seriousness it deserves and help you get a favorable ruling. Contact us today for a free consultation.