When someone gets seriously hurt, the injury does not just affect one person. It affects the entire household. In Georgia, the law recognizes that reality through something called a loss of consortium claim or a loss of companionship claim.

This is one of the most misunderstood parts of a personal injury case. People either think it only applies to intimacy, or they assume it applies to every injury. Neither is true. Here is how loss of consortium actually works in Georgia and when it makes sense for a personal injury lawyer near you to pursue it.

What Loss of Consortium Really Means

Loss of consortium is a claim brought by the uninjured spouse. It is not the injured person’s claim. It belongs to the husband or wife whose life changed because their spouse was hurt.

Yes, it includes loss of intimacy. But that is only part of it.

Loss of consortium also covers:

  • Loss of companionship
  • Loss of affection
  • Loss of household services
  • The overall strain a serious injury puts on a marriage

In real cases, the household services piece is often the easiest for people to understand.

Understanding the Weight of Loss of Household Services

Most juries do not want to hear a lot about bedroom details. What they do understand is how a household functions.

Think about things like:

  • Who mowed the lawn
  • Who did the laundry
  • Who cooked, cleaned, or handled repairs
  • Who maintained the cars
  • Who handled day-to-day physical tasks around the house

When an injury takes that away permanently, the other spouse has to pick up the slack or pay someone else to do it. That creates stress, frustration, and long-term strain on the relationship. That is loss of consortium.

Who Can Bring a Loss of Consortium Claim in Georgia?

Georgia is very clear on this point. You must be legally married.

Georgia does not recognize common-law marriage. Living together does not count. Long-term relationships do not count. Domestic partners do not qualify.

Only legally married spouses can bring loss of consortium claims.

Children also cannot bring loss of consortium claims for injured parents, and parents cannot bring them for injured children.

Recent Loss of Consortium Claims in Georgia

Our law firm has helped many clients with loss of consortium claims over the years. While it can be difficult to determine an average loss of consortium claim amount since every case is different from the cases shared on this page the average is roughly $100,000.

Rideshare Accident Loss of Consortium Case – $100,000

Our client was a passenger in a rideshare vehicle traveling on I-85/75. The driver of the rideshare suffered a heart attack while driving and lost control of the vehicle causing it to spin into the wall. Unfortunately, the driver died as a result of his injuries, and our client and his wife were seriously injured. The wife suffered a very serious broken sternum injury which put strain on our client who was also recovering from injuries. We were able to secure a loss of consortium claim of $100,000.

Motor Vehicle Accident Loss of Consortium Case – $100,000

Our client was part of a serious car accident that involved a vehicle following too closely behind. Our client and her husband were seriously injured in the accident, among other settlements we were able to secure a loss of consortium claim of $100,000 for her.

Loss of Consortium Is Not a Standalone Claim

Loss of consortium claims cannot exist by themselves.

They must be tied to an underlying personal injury case. The injured spouse brings the injury claim. The uninjured spouse brings the loss of consortium claim.

That is why insurance companies almost always require both spouses to sign a settlement release. They want to make sure every possible claim is resolved at the same time.

The Statute of Limitations for Loss of Companionship Claims is Different

This is something a lot of people do not realize. Most personal injury cases in Georgia have a 2-year statute of limitations under O.C.G.A. § 9-3-33. Loss of consortium claims fall outside that standard 2-year window. In many situations, a loss of consortium claim can still be brought even after the main injury case is resolved, as long as it is filed within the longer applicable limitations period. That is another reason insurers push so hard for joint releases from spouses.

How Do You Prove Loss of Consortium?

There is no single document that proves this type of claim. It is about showing how life changed.

Common evidence includes:

  • Testimony from the spouse
  • Before-and-after statements from friends, neighbors, or family
  • Medical records showing permanent limitations
  • Day-in-the-life videos showing what daily life looks like now

A day-in-the-life video can be especially effective. It shows, rather than tells, how the injury affects the household.

There Is No Cap on Damages for Loss of Consortium

Georgia does not cap loss of consortium damages.

Like pain and suffering, the value depends on:

  • How serious the injury is
  • Whether it is permanent
  • How much the injury changed the marriage
  • How believable the evidence is

That said, this does not mean every case should include a loss of consortium claim.

When These Claims Make Sense and When They Do Not

We do not bring loss of consortium claims in every case.

They make sense when:

  • The injury is permanent or long-term
  • The injured spouse cannot return to their prior role at home
  • The injury creates ongoing strain on the marriage

They usually do not make sense when:

  • The injury is temporary
  • The injured spouse is expected to fully recover
  • The claim would distract from the seriousness of the main injury

For example, bringing a loss of consortium claim for a routine broken leg can actually hurt the case. It shifts focus away from the real injury and can make the overall claim seem exaggerated.

Loss of Consortium vs Wrongful Death

Loss of consortium does not apply in wrongful death cases.

When someone dies, Georgia’s wrongful death laws already account for the loss of companionship and relationships. Loss of consortium is only for cases where the injured person survives.

Contact The Kalka Law Group About Loss of Consortium Claims Near You

Loss of consortium claims can be powerful when they are used correctly. They can also backfire if they are forced into cases where they do not belong.

At Kalka Law Group, we look at the full picture. Not just the injury, but how it actually changed the family’s daily life. When the injury truly alters the marriage and the household, loss of consortium is often an important part of telling the full story of what was taken away. Contact The Kalka Law Group today to set up a free case consultation with an experienced personal injury lawyer near you.