Your Spouse: The Other Accident Victim


March 31, 2011

In a serious Georgia accident, like one in which a car collides with a pedestrian, the victim struck by the vehicle is not the only person who may suffer a serious loss. Frequently, when the victim of an accident suffers severe physical and/or psychological trauma, his or her spouse may also suffered a profound loss.

An accident victim’s spouse may lose their companion’s love, services, support, and sexual affection.

Some people may find discussions of the intimate familial relationship they share with their spouse difficult, at best. But it is precisely because intimacy is so valued in a relationship that the law recognizes its loss as an injury for which there can be compensation. If you are the spouse of an accident victim and the injury suffered by your loved one has deprived you of the relationship that you once shared with your spouse, you may be entitled to damages for that loss. At Montlick and Associates, Attorneys at Law, we have been representing those who suffer serious injuries and the families of those who suffer wrongful death throughout Georgia for over 27 years. We have seen the devastating toll that catastrophic injuries to a loved one may inflict on a spouse and use our best efforts to make sure that the value of that loss is communicated to an insurance company or a judge and jury.

Georgia law recognizes damages for “loss of consortium.” Loss of consortium allows the spouse of an accident victim to recover damages in a personal injury or wrongful death lawsuit against the party responsible for the spouse’s own loss of society, affection and comfort as a whole, as well as an increase in the demands and burdens caused by the entire ordeal upon the innocent spouse. The measure of damages is designed to compensate the spouse of the accident victim for being deprived of the intimacy and closeness that a couple share.

It can be difficult to recover significant damages for loss of consortium. The damages are typically based on more than embarrassment, humiliation, or anxiety. It must be actual injury that an accident victim and the victim’s spouse have suffered to their relationship. Georgia juries do not tend to award significant damages for loss of consortium unless the damage to the marital relationship is significant because of the seriousness and extent of the injuries.

If your spouse is injured in a serious Georgia car crash, slip and fall accident or by a dangerous drug or defective product, to give a few examples, you should keep a journal documenting on a daily basis how your relationship is affected. The journal should provide details regarding the impact on the emotional connection between you and your spouse, impact on your sexual relationship, and impact on the ability by your spouse to continue participating in household chores and the like. The more facts you can provide to your attorney about the details of how an accident has affected your relationship to your spouse the better the chance a jury will award significant loss of consortium damages.

If you or someone you love has been injured in a serious personal injury accident in Georgia, you may be entitled to compensation. Montlick and Associates will use its best efforts to seek all appropriate types of damages to compensate you for your loss including damages for loss of consortium. Our Georgia injury lawyers have been diligently representing those seriously injured by the negligence of others throughout Georgia for over 25 years as part of our continuing goal of being the top personal injury law firm in Georgia.

Montlick and Associates is available to assist clients throughout all of Georgia and the Southeast, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state. No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours a day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at www.montlick.com and use our Free Case Evaluation Form or 24-hour Live Online Chat.

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.