Facebook’s Role in Injury Victim’s Spouse’s Consortium Claim

When a spouse is injured in an accident (car, truck, motorcycle or work-related), the law recognizes the injury also affects the victim’s spouse. A loss of consortium claim belongs to the injured person’s spouse, separate and apart from the victim’s claims for property damages, personal injury, lost wages, medical bills, future medical bills, and pain and suffering.

Consortium claims are premised on the Roman law notion of each married person’s right to compassion, society, affection, cooperation, services, and aid, including loss or impairment of sexual relations.

In complex injury and wrongful death cases, increasingly, defense lawyers hire investigators to look into the martial relationship to see just what the nature of the relationship was before and after the accident.

Recently, a Fulton County State Court Judge reduced a $5.4 million jury award by $1.7 million. As part of the reduction, the Judge heard arguments that investigators found Facebook postings by the husband suggesting that the marriage was over but the couple was staying together for the case. Bowbliss v. Quick-Med Inc.

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