Loss of consortium is a spouse’s own claim for what the marriage lost when the other spouse was injured: companionship, affection, help around the house, and intimacy. It’s held by the uninjured spouse, and O.C.G.A. § 51-1-9 supports recovery for torts committed against a spouse.
It carries a longer deadline than the injury claim. Section 9-3-33 gives “four years” for injury to the person involving loss of consortium, against two years for the injured spouse’s own case. A spouse who didn’t join the original suit may still have time, though the suits can be brought together.
Its limits are specific:
- Spouses. Annotations to the statutes treat consortium as a spousal right, and a cohabiting partner shouldn’t assume it exists. Injury before the marriage is a separate question. A parent’s right to a child’s services is a different rule, § 19-7-1(a).
- Derivative. It depends on an actionable injury to the other spouse, so a defense that defeats the injured spouse’s claim can reach this one.
- Settlement. A limited release under § 33-24-41.1 can include consortium claims “asserted by any person,” so a spouse should read what is being released.
Proof is by testimony, which can come from both spouses and from friends or children. Under § 9-10-184(a)(2), consortium falls within noneconomic damages, so SB 68’s limits on arguing a dollar value apply.
In uninsured motorist coverage, § 33-7-11(a)(1) expressly covers loss of consortium.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.