LOSS OF CONSORTIUM

INJURY TO THE MARRIAGE SHOULD BE INVESTIGATED

By Sarah Mallas Wayman, Attorney

Automobile collisions and the injuries to passengers are the basis for so many claims against insurance companies and their insured drivers who face legal consequences from their carelessness and negligence. Obviously, an injured person is entitled to compensation for injuries ranging from physical trauma like broken bones, concussions and whiplash. Also, pain and suffering-past, present and future-are matters of great importance in the process of fair dealing with claims for an injured person.

Marriage is a sacred institution and the possibility that a marriage relationship has been diminished by an injury to the husband or wife must be considered. I always inquire about this when I interview victims and their spouses. Georgia allows damages for any diminution of the joys and comforts of a marriage relationship that originated with a collision or other personal injury.

The claim arises when a physically injured person cannot as a result provide his or her spouse with the services, companionship, love, affection and sexual relations enjoyed before the accident. The loss of consortium claim becomes significant when the physically injured spouse has suffered a devastating, long-lasting injury such as paralysis, incontinence, and loss of sexual function or inability to walk. However, the claim for damages can be significant for other injuries. Professionally, I examine the situation existing in the marriage prior to the injuries and afterward, looking for impairment or diminution of disposition and temperament, their social life, any alteration of services rendered in supervising the household and the all-important matters involving acts of affection, love and sexual intercourse.

Any reduction of these comforts and joys of daily living within the marriage should be determined and where merited, become part of the determined effort to obtain just and fair compensation.

And it is important to note that there are recent cases in other states where loss of consortium has resulted in awards of up to one million dollars.

All right minded people should work to fairly settle claims. But whether by settlement or though a trial by jury, where there is any damage to the marriage connected to the wrongful acts, compensation for loss of consortium is a valid and necessary consideration.

Please contact me with any questions. There is no charge for an initial consultation.

Sincerely yours,


Sarah Mallas Wayman
7600 Hunters Woods Drive
Atlanta, GA 30350
(770) 804-8484
smwlaw@bellsouth.net