Atlanta Loss of Consortium Lawyers
Dealing with a serious injury to a spouse can take a tremendous emotional, physical and financial toll. The uninjured spouse is often unexpectedly thrust into the role of primary caretaker, while at the same time being forced to assume greater personal and financial responsibility. In some cases, a spouse’s injuries are so severe that a husband or wife is-for all practical purposes-robbed of their relationship with their loved one. In Georgia, a spouse is entitled to compensation for deprivation of the affection, comfort, societal and conjugal support of a spouse where the loss is caused by a third party’s negligent or intentional misconduct. The attorneys of Fried & Bonder have extensive experience evaluating loss of consortium claims and helping distressed spouses get the compensation they deserve.
Loss of consortium damages compensate the uninjured spouse for the loss of her spouse’s love, companionship and conjugal relationship. Loss of consortium damages are proven by examining the marriage before and after the spouse’s injury to determine the impact it has had. This often requires sharing intimate details about the couple’s marriage. Loss of consortium damages generally do not include inconvenience caused by the spouse’s injury as courts consider such inconvenience the “for better or for worse” aspect of a marriage. However, such damages may be available in truly extraordinary cases, such as where a disabled child is involved. Although loss of consortium damages are generally compensatory in nature, punitive damages may be available if the tortfeasor intended to interfere with the victims’ marital relationship.