Personal Injury Claims in Georgia: Loss of Consortium
If your spouse is injured and opts to file a claim, damages for the loss of services and companionship for the other spouse are referred to as loss of consortium claims. These damages run from the time the spouse was injured until the time the injury is completely healed such that it doesn’t interfere with the companionship, affection, society, and all matters associated with marriage.
According to Ponton Law, one of the top law firms in Atlanta, the standard charge for loss of consortium is nearly all cases involving non-permanent to a spouse is complicated. Here are important things you should know about the loss of consortium claims in Georgia.
Consortium: definition and determination of value
The Georgia state law allows married people to recover the loss of service also known as the loss of consortium of the spouse. Note that the services recognized by the law are more than household labor. It acknowledges the companionship, service to the society, affection, and all matters associated with marriage. While there may be no specific value, the measure of damages is their fair value. This value is determined by an enlightened conscience of jurors, who take into consideration the nature of the services rendered and all the elements of the case.
Consortium: permanent injury
In Georgia, the standard pattern jury for the loss of consortium associated with a permanent injury to the spouse is a permanent loss. If a permanent loss occurs, the damages would be determined on the basis of life expectancy of both the husband and the wife. That means by how much the spouses would have lived if the injury had not occurred. This lifetime loss would be expressed in its present value.
Note that the loss of service damages can add significant value to the total damages associated with a lawsuit. Though they are a derivative of the personal injury claim, they can be substantial and compelling. That means the more severe the injury to the spouse is, the larger the amount of claim for loss of consortium will be.
According to the law, the loss of services (consortium) claim follows the severity of the injury to the spouse. In a case where a spouse has to take care of the injured partner, all expenses must be included in the claim. Some examples of primary care including turning a paralyzed partner to prevent bed sores, bathing a partner who suffered brain damage and can’t take care of themselves, and changing colostomy bags.
Loss of consortium can be challenging to prove as the impact on your marriage must be significant enough to justify a fair recovery. This is the primary reason you should work with an attorney who has outstanding knowledge and experience in such cases. Lawyers recognize the importance of creating a clear mental picture for the insurance service providers and jury to help them understand the magnitude of the impact associated with the injury. This increases your chances of getting fair compensation.