Georgia loss of consortium law
Often you will read a plaintiff in a lawsuit was awarded "loss of consortium" damages. This post by Gwinnett County based personal injury and wrongful death lawyer Richard Armond addresses what "loss of consortium" is under Georgia law. The Armond Firm, LLC, is based in Lawrenceville, Georgia, and handles serious injury and wrongful death cases throughout metro Atlanta and the State of Georgia.
Loss of consortium damages are available only to married persons under Georgia law
Loss of consortium in a personal injury or wrongful death lawsuit in Georgia is a type of damage available only to a plaintiff who is the spouse of the injured person. When one or both spouses have been injured or when one spouse is deceased because of the negligence or bad act of another party, the spouse(s) can seek loss of consortium damages. These damages are not available to other loved ones of the injured party such as children, parents, fiances/fiancees, or other significant others--only spouses in a legal marriage.
What are loss of consortium damages for under Georgia law?
They are for loss of services of the injured spouse. Loss of services includes household labor, but it is not limited to that and also includes loss of society, companionship, affections, and all matters of value arising from marriage. As you can see, loss of consortium damages are for both the loss of the spouse's ability to help with household labor, but also for those intrinsic aspects of a marriage such as the loss of relationship with one's spouse. Yes, this can include things such as loss of a sex life which is often one of the first things mentioned in news stories, but it also includes things like the inability to travel the world with one's spouse.
How are loss of consortium damages calculated in Georgia?
A large part of loss of consortium damages are somewhat immeasurable. How then does a Georgia jury measure such damages in a personal injury or wrongful death lawsuit? The judge will instruct the jury that these damages are measured by their reasonable value as determined by the enlightened conscience of impartial jurors taking into consideration the nature of the services and all the circumstances of the case. There does not have to be direct evidence of their value. In other words, a jury hears evidence of the marital relationship before the tort was committed and does its best to determine how much it has changed since. The jury then decides how much that is worth based on their personal beliefs and values, i.e., their enlightened conscience.
In wrongful death cases and those serious injury cases where the injury will last the rest of the lifetime of one of the spouses, the jury looks at the joint life expectancy of both spouses (how long they would have lived together as a married couple). This can often be shown by mortality tables or expert testimony.
Text of the Georgia jury charges on loss of consortium:“A married person has a right to recover for the loss of consortium, sometimes called loss of services, of the spouse. You should be careful to remember that services the law refers to are not only household labor but also society, companionship, affection, and all matters of value arising from marriage. There does not have to be any direct evidence of their value, but the measure of damages is their reasonable value, as determined by the enlightened conscience of impartial jurors taking into consideration the nature of the services and all the circumstances of the case. ” — Georgia Suggested Pattern Jury Instructions, Fifth Edition, 66.400 “When permanent loss of consortium occurs, you would determine the damages on the basis of the joint life expectancy of the husband and wife, that is, by how long they would both have lived together if the injury of the spouse had not occurred. That joint lifetime loss would have to be reduced to its present cash value. ” — Georgia Suggested Pattern Jury Instructions, Fifth Edition, 66.401
Hopefully this post gives some understanding of what is meant by "loss of consortium" under Georgia law.
If you or a loved one have been injured by the negligence or bad act of another in Georgia, please contact Gwinnett County based personal injury and wrongful death lawyer Richard Armond at (678) 661-9585 for a free consultation.
Attorney Richard Armond of The Armond Firm, LLC, handles serious personal injury and wrongful death cases throughout metro Atlanta and the State of Georgia. He is licensed to practice law by the State Bar of Georgia and is based in Lawrenceville, one mile down the road from the Gwinnett Justice and Administration Center. Call him today for a free consultation at (678) 661-9585. The information above is for informational purposes only as of the date of publication and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.