How Georgia Courts Value Loss of Consortium in Wrongful Death Cases

If the death of your spouse is caused by someone else’s negligence, you may have the legal right to file a wrongful death claim for your losses. Of course, the fact is that no amount of money can ever make up for what you’ve lost. Surviving spouses are left with deep, traumatic grief, and they have to work through that while navigating the complexities of the legal system. While money is no fair replacement for the permanent loss of a spouse, it’s the only type of monetary relief civil court can provide. If you are involved in pursuing one of these claims, you may come across the term “loss of consortium,” and wonder what it means, and whether it may apply in your situation. At Harris Lowry Manton, LLP, we’re here to help you understand your legal rights. Our attorneys handle these cases with empathy and compassion while holding negligent parties accountable. Call us to set up a time to discuss your case with our team.

What is “loss of consortium” under Georgia law?

Under Georgia law, loss of consortium is typically a separate legal claim available to spouses when their partner survives but is seriously injured. A loss of consortium claim seeks compensation for the loss of companionship with a spouse whose injuries may prevent them from being able to enjoy the relationship. This type of claim may be most clear in the case of catastrophic injuries like paralysis or serious brain trauma, where the injured person’s entire life is severely altered, including their relationship with their spouse.

Importantly, the right to loss of consortium is limited to parties for whom the marital relationship was intact at the time of the accident. In Georgia, only spouses can file a claim for loss of consortium. The courts do not allow children, parents, or other close family members to seek consortium damages.

Although not labeled as loss of consortium, wrongful death damages may reflect similar emotional elements—such as the loss of companionship—because they include the full value of the decedent’s life, including intangible experiences. It’s important to note that this is different from compensation awarded for the loss of the spouse’s income and financial support; this type of compensation is intended for the personal side of grief. For example, loss of consortium claims may compensate for loss of intimacy, absence of shared parenting duties, and the loss of emotional partnership. While loss of consortium is limited to spouses in injury cases, eligible wrongful death beneficiaries—such as children or parents—may recover the full value of the decedent’s life, which can include both economic and intangible contributions, such as presence and companionship.

How wrongful death damages are evaluated by Georgia courts

There’s no set formula or calculation for determining the monetary value related to emotional loss suffered by a spouse in these claims. Instead, loss of consortium damages are determined by the “enlightened conscience of impartial jurors.” The damages are often subjective and unique to the facts of each case, so the same scenario given to two separate juries could result in wildly different outcomes. However, there are some factors that are regularly considered in these claims:

• Length and quality of the marriage: Long marriages and those that are reputed to be extremely close generally warrant more compensation.
• Daily life routines: Partners who shared daily routines and spent lots of time together may lead to a larger award.
• Shared responsibilities: When a deceased spouse contributed significantly to household tasks, parenting, and supporting the surviving spouse’s work, their loss may result in more financial compensation.
• Future plans: The loss of shared plans, such as traveling or retirement, are taken into consideration in these claims.
• Age and health of the surviving spouse: The court will also look at how much time the couple would have had together had the accident not occurred. For example, the court may award more to a young surviving spouse who could have had thirty or more years left with their spouse.

Factors affecting the amount awarded

Other factors may come into play when the court determines awards for surviving spouses. They may look at whether or not the couple had young children, what their living arrangements were, the emotional impact on the surviving spouse, and the quality of supporting documentation presented by the victim.

This isn’t a part of your personal injury claim where you can gather the necessary evidence and move on, since there is no required evidence. It’s a matter of gathering as much evidence as possible and using it to demonstrate the effect of the loss on your day-to-day life.

How expert testimony may help

In some cases, wrongful death lawyers may recommend bringing in expert witnesses. It’s difficult to quantify something like a marital relationship, and an expert witness can provide insight into the myriad ways this loss can devastate a surviving spouse.

While grief itself is not compensable in Georgia wrongful death claims, expert testimony from counselors and psychologists can help illustrate the emotional toll and impact of the spouse’s loss when seeking damages for the full value of the decedent’s life. Vocational and life care experts can explain the various tasks and responsibilities a single parent or spouse may need to take on or outsource. This can also help explain the mental load that comes with tackling these tasks alone after a lifetime spent doing them with the help of a loving partner.

Why you need an attorney advocating for you

It is far too common for insurance companies to minimize or outright dismiss the emotional loss aspect of wrongful death claims. They may claim that they have no way of knowing how strong the marriage was, that the loss is too subjective to warrant significant compensation, or that the victim would suffer in a similar way if their spouse had died through no one’s fault or negligence. Not only is this incredibly cruel and dismissive of those who have just gone through one of the worst losses a human being can experience, it puts individuals in a position where they must quantify the financial value of their spouse’s love, support, and home contributions.

When you bring in an experienced wrongful death attorney, you can trust them to handle the most painful aspects of your wrongful death claim. You’re grieving—you should not have to justify the depth of your grief to an insurance company. We can handle your case while you get the support you need.

Find out how Harris Lowry Manton can help with your wrongful death case

If you’ve lost your spouse in an accident caused by negligence or malice, you may have a valid claim against the at-fault party. Let’s discuss what you’ve experienced and how we can help. Call us or reach out online now.