How to Obtain Compensation for Loss of Consortium in a Georgia Car Accident Legal Claim
Learn how spouses in Georgia can seek compensation for losses resulting from a partner’s severe injury and how insurance limits the amount they can recover.
When someone is seriously injured in a car accident, it affects not only them, but their spouse and family, as well. In Georgia, a spouse may be entitled to compensation for losses suffered due to their partner’s car accident through a legal claim called “loss of consortium.” However, there are limits on how much a spouse can recover, and understanding how loss of consortium claims work could make a significant difference in a family’s financial recovery.
What Is a Loss of Consortium Claim?
Loss of consortium refers to the absence of marital benefits that one spouse experiences when their partner is seriously injured, including the loss of:
- Companionship, affection, and emotional support
- Intimate relations
- Household services
In Georgia, a spouse has the legal right to seek compensation for these losses through a loss of consortium claim, which is separate from their partner’s bodily injury claim.
Why A Loss Of Consortium Claim May Not Increase The Insurance Payout
When a spouse files a loss of consortium claim, most people assume they’ll get extra insurance money in addition to what the injured partner’s claim covers. However, under Georgia law, that assumption is incorrect.
Example: Natalie and Eric’s Story
Consider Natalie and Eric, a married Georgia couple. While driving through the intersection at Panola Road and Fairview Road in Ellenwood, Eric was seriously injured when another driver ran a red light and crashed into his car. He suffered multiple broken bones, a traumatic brain injury, and required extensive medical treatment that cost over $100,000. He also missed six months of work.
The at-fault driver had an insurance policy with limits of $100,000 per person or $300,000 per accident. Eric filed a claim for his injuries, pain and suffering, lost wages, and other damages. Natalie also filed a claim for loss of consortium, as she had taken on all household responsibilities, cared for Eric, and lost his companionship during his lengthy recovery.
Natalie assumed that since she was filing a separate claim, she would have access to another $100,000 in coverage from the at-fault driver’s insurance policy. She was shocked to learn that wasn’t the case.
The insurance company argued that under Georgia law, both Eric’s bodily injury claim and Natalie’s loss of consortium claim were subject to the same $100,000 per-person limit, since her claim stems directly from his injuries.
Why This Happens: Georgia Law on Insurance Limits
In Georgia, when one spouse is seriously injured in a car accident and succeeds in a claim against the at-fault driver, and the other spouse prevails in a loss of consortium claim, the insurance company is only required to pay up to the policy’s per-person limit for the injured person.
This means that if the policy limit is $100,000 per person, then that limit applies to both the bodily injury claim and a spouse’s loss of consortium claim combined.
Georgia courts have consistently held that even though two claims are filed, they are treated as linked because both arise from the same injury to one person.
How Limits on Loss Of Consortium Claims Can Affect A Spouse’s Compensation
This limitation can significantly impact a spouse’s ability to receive fair compensation when their partner is seriously injured in a car accident. Under Georgia law, this means the injured spouse’s medical bills, lost wages, and other damages, as well as the other partner’s loss of consortium claim, are covered under the single-person liability threshold.
In the hypothetical case of Natalie and Eric, this would’ve meant Eric’s substantial medical bills and other damages, combined with Natalie’s loss of consortium claim, couldn’t exceed the $100,000 policy limit, which was far less than their total damages.
How To Protect Your Family From Loss Of Consortium Claim Limits
To protect your family from the financial risks posed by the limits on loss of consortium claims, consider taking these steps:
- Understand your insurance coverage: Make sure you have adequate uninsured/underinsured motorist coverage to protect your family if you’re injured by someone with minimal insurance.
- Consider insurance with higher liability limits: When purchasing insurance, opt for higher liability limits to protect other families if you cause an accident.
- Consult with an attorney early: A knowledgeable personal injury attorney can help you understand all potential sources of recovery and negotiate strategically with insurance companies.
It’s important to understand limits on loss of consortium claims before an accident occurs. By planning and securing appropriate coverage, you can better protect your family from the financial impact of a serious injury.
Georgia law (O.C.G.A. § 33-7-11(a)(1)) defines loss of consortium as a compensable claim under auto insurance policies, but it is subject to the same per-person policy limit as the related bodily injury claim. Georgia courts have consistently held that both a bodily injury claim and a loss of consortium claim are linked because they arise from the same injury to one person.
According to Georgia law (O.C.G.A. § 33-34-4), generally, a spouse cannot get additional insurance money for a loss of consortium claim beyond the single-person liability threshold. The Georgia Court of Appeals explained in Mullinax v. State Farm Mut. Auto. Ins. Co. that when you combine one spouse’s bodily injury claim and the other spouse’s loss of consortium claim, the total amount the insurance company must pay cannot exceed that limit.
Georgia law (O.C.G.A. § 33-7-11(b)(1)(B)) says that if both spouses are physically injured in the same accident, each spouse’s bodily injury claim is treated separately. So, in this case, the per-accident limit would apply to the combined claims, but only if each spouse suffered physical injuries in the accident.
Yes, Georgia law (O.C.G.A. § 33-7-11(a)(1)) applies the same principles to uninsured and underinsured motorist coverage. Uninsured motorist coverage typically states that the maximum amount the insurance company will pay for all damages, including medical costs and loss of consortium, caused by bodily injury to one person in an accident cannot exceed the per-person limit.
Though Georgia law (O.C.G.A. § 33-7-11) does not mandate joint filing, it’s often strategically advantageous to file both claims together to ensure coordinated negotiation with the insurance company. Georgia courts have recognized in Thompson v. Allstate Insurance Company that both claims will be subject to the single-person liability threshold regardless of whether they are filed separately or together, as both arise from the same bodily injury event.
