If your husband or wife was injured in an accident, you may both be suffering. The law gives you the right to recover money for the loss of your spouse’s companionship and help through a “loss of consortium” claim. These claims can help give you the money to put your life back together—and they can help you stay stable financially. If your partner was injured, you need to speak to an Atlanta loss of consortium lawyer.
Let us put you in touch with a lawyer you who can help you—for free. We can give you a FREE, no obligation phone consultation to explain your rights, answer your questions, and tell you if you have a valid claim. Call us at (404) 341-6555 or fill out the form to the right to get your free consultation today.
What is “Loss of Consortium”?
“Loss of consortium” is the legal name for a claim brought by a spouse after an accident. When your husband or wife is seriously injured in an accident, you suffer a loss too. Your spouse may no longer be able to share in activities you used to enjoy together. You may have to shoulder the full burden of housework and child rearing, in addition to being the family breadwinner. And you may become a caregiver, spending much of your time tending to your spouse’s physical needs.
The law recognizes the heavy toll that injuries take on a spouse, and a loss of consortium claim is designed to give you a financial recovery for the loss of your spouse’s services and companionship.
Who is liable in a loss of consortium claim in Atlanta?
The party who caused the accident “at fault” and liable. Fault is important because in Georgia, the party at fault (or their insurance company) must pay all the costs and damages for everyone who is injured. Those damages include loss of consortium claims by people whose spouses were injured.
In most injury cases, fault is based on “negligence.” When someone is negligent, it means they were not as careful as they should have been. For example, in Atlanta car accident lawsuits, we have seen negligent drivers who disobeyed traffic signals or were texting while driving. Negligence doesn’t mean someone hurt you on purpose, it just means they didn’t uphold their legal duty to be reasonably careful. When someone is at fault because of negligence, they must pay your damages.
What kinds of losses are covered in a loss of consortium claim?
You don’t need physical injuries to make a successful loss of consortium claim. Loss of consortium is based on the effect your husband or wife’s injuries have had on your life. Those effects will depend on the kind of injury you are dealing with. We have seen people recover money in loss of consortium claims based on:
- Loss of help with household chores and child care
- Loss of affection, intimacy and companionship
- Having to provide care for an injured spouse
- Emotional stress from the increased demands
How much money is my claim worth?
The amount of money you might receive in a loss of consortium claim will depend on how serious your spouse’s injuries are and how they have affected your life. In general, more serious and permanent injuries will lead to a larger financial recovery, and a loss of consortium claim can significantly increase the amount of money you and your spouse recover.
The money you receive in a loss of consortium claim can help you pay for help around the house, child care, lost pay if you have missed work time to care for your spouse, and counseling for yourself. This money cannot restore the life you had before the accident, but it can relieve financial stress and give you the means to take care of your family and get the help you need.
How can a lawyer help me with a loss of consortium claim?
After an accident, everyone focuses on the person who was physically injured. The insurance company many even come in and offer money right away. But this money is usually not nearly enough to even take care of your spouse’s medical expenses, let alone compensate you for the reality of having an injured spouse. This is because insurance companies make a bigger profit if they can settle claims for the least amount of money possible.
A lawyer can make sure your needs are looked after, as well as your spouse’s. In addition to investigating the accident and sending your spouse to doctors who can evaluate his or her condition, a lawyer will begin collecting evidence to build a strong loss of consortium claim. Loss of consortium can be hard to prove because it isn’t a physical injury. But a good lawyer knows how to use evidence of your life before and after the accident to convince an insurance company or jury. Without a lawyer, it can be extremely hard to present a successful loss of consortium claim.
How do I know if I have a valid loss of consortium claim?
If you think your marriage and your life have been impacted by your spouse’s injury, then you may have a claim. Many people are reluctant to make a claim because they don’t want to complain or they feel they should be grateful they still have their health. But the law doesn’t see things that way. Legally, the loss of your spouse’s help and companionship is a real injury, and if someone else caused it, you are entitled to compensation.
Your spouse does not have to be totally and permanently disabled or have suffered a traumatic brain injury for you to be able to recover money. If your spouse’s injury has affected your life together, you may have a claim. The money you receive in a loss of consortium claim can make the difference between feeling burdened and alone and being able to provide for your family while also building a satisfying life for yourself. The best way to tell whether you have a valid claim is to schedule a free consultation with a personal injury lawyer.
Talk to an Atlanta Loss of Consortium Accident Lawyer for Free
Our lawyers have been helping people recover money for loss of consortium for decades. We won’t charge you anything unless we get money for you. We will give you a FREE, no-obligation consultation to go over your case and help you decide what you want to do. Call us at (404) 341-6555 or fill out the form to the right to get your free consultation today.