In a personal injury lawsuit, a loss of consortium claim allows a spouse or family member of an accident victim to seek damages for physical and emotional losses resulting from the injury. A personal injury lawyer could file this type of claim if the victim died or suffered a permanent disability, thereby rendering them unable to provide their spouse or family member the necessary affection and support. The following is a guide to this type of case.

What Types of Damages Qualify?

There are three main types of damages that can be sought in a loss of consortium claim. One is for loss of quality, which has to do with the emotional aspects of the relationship between the claimant and the victim, such as a loss of love, affection, companionship, emotional support, and sexual relations.

Another is for loss of support, which refers to the loss of the financial contributions the victim made to the household. This amount is typically the same amount the victim sought for lost wages in their injury claim.

The last kind of damage is for loss of services, which places a value on the work the victim performed in the household, like managing the home, caring for dependents, and making general repairs.

Who Can File?

In some states, a loss of consortium claim can be filed by a spouse, domestic partner, child, or dependent parent. Georgia, however, has limited these claims only to legal spouses of victims. Domestic partners do not qualify in this state.

What Are the Limitations?

Because loss of consortium claims are limited to spouses, the claimant will need to provide proof of a valid, legal marriage, such as a marriage certificate.

The statute of limitations for filing is four years from the date of the accident. However, there are no damage caps on how much a claimant might be awarded, so you should work with your personal injury lawyer to assign an appropriate value to the damages you have incurred.

If your relationship has been adversely affected by a spouse's accident, a personal injury lawyer will advocate for your rights and interests. The attorneys at Dickinson & Willis, LLC, have been representing Walton County, GA, and the surrounding areas since 1991. They offer legal advice and services in personal injuries, real estate issues, last wills and testaments, and other estate law cases. Call (770) 267-8256 or visit them online to schedule a consultation with a personal injury lawyer.