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Loss of consortium claims allow a spouse to seek compensation for the harm an injury causes to their marriage—including loss of companionship, support, and intimacy. Learn the legal requirements, limitations, and steps involved in bringing a loss of consortium claim in Georgia, and how Kunnatha Lawson LLC can help protect your family’s rights.

Loss of Consortium

Loss of consortium is a distinct type of personal injury claim. What sets it apart is who brings the claim—not the injured party, but their spouse. This legal action allows a spouse to seek compensation for the harm to their marital relationship caused by injuries to their partner, including loss of affection, companionship, support, and intimacy.

It is also classified as a derivative claim, meaning that the injured spouse must first succeed in their own personal injury lawsuit before the loss of consortium claim can proceed.

Legal Elements of a Loss of Consortium Claim

To successfully bring a loss of consortium claim in Georgia, the following elements must be proven:

  1. Valid Marriage: You must have been legally married to the injured spouse at the time the injury occurred.
  2. Injury to Your Spouse: Your spouse must have suffered a verifiable injury as a result of the incident.
  3. Liability: The injury must have been caused by the defendant’s negligence or intentional misconduct.
  4. Loss of Consortium: You must demonstrate that your relationship with your spouse was negatively affected as a result of their injury.
  5. Causation: The defendant’s misconduct must have directly caused the loss of consortium.

Because this claim depends on your spouse’s injury case, it is effectively two claims in one:

  • First, your spouse must prevail in their personal injury case.
  • Second, you must independently show that your loss arose directly from their injury.

What Does Loss of Consortium Cover?

Loss of consortium may include:

  • Loss of companionship and affection
  • Loss of emotional support
  • Loss of intimacy, including sexual relations
  • Loss of shared household responsibilities
  • Loss of enjoyment of life as a couple

These damages are non-economic, meaning they are subjective and not easily quantifiable. As a result, credible evidence—such as medical records, expert opinions, and personal testimony—is often essential to substantiate the claim.

Limitations on Who Can File

Only Spouses May File Loss of Consortium Claims in Georgia

Some states allow parents, children, or other family members to file loss of consortium claims. Georgia law, however, restricts these claims to spouses only. If you are not married to the injured party, you are not eligible to pursue a loss of consortium claim in the state—even if you were cohabiting or in a long-term relationship.

Statute of Limitations

Under Georgia law, you must file a loss of consortium claim within two years from the date of the injury. This deadline is the same as for most personal injury cases.

Your claim will be barred forever if:

  • You do not finalize a settlement, or
  • You fail to file a lawsuit before the two-year deadline expires.

There may be limited exceptions (such as delayed discovery or tolling for legal disability), but these are rare. It’s best to contact a lawyer as soon as possible to protect your rights.

Loss of Consortium in Wrongful Death Claims

Importantly, Georgia does not allow a loss of consortium claim when the injured spouse has died and the family is pursuing a wrongful death action. The reason is that wrongful death claims already provide compensation for the loss of companionship, affection, and services in a different form.

If your spouse has passed away due to another party’s actions, your compensation for relational loss will be pursued as part of the wrongful death claim—not through a separate consortium action.

Contact a Lawrenceville Personal Injury Lawyer for Help

Loss of consortium cases can be legally complex and emotionally charged. Because these claims depend on the outcome of a related personal injury case, it’s critical that both cases are handled together and strategically.

Georgia Personal Injury Lawyers

We focus exclusively on serious personal injury cases, including:

Assault Injuries

Bad Faith Insurance

Bicycle Accident

Brain Injury

Bus Accidents

Car Accidents

Catastrophic Injuries

Child Injuries

Construction Accidents

Dog Bites

If your life was disrupted by someone else's negligence, we're here to restore your power through the law.