When someone is injured or killed due to another person’s negligence, the emotional pain can be overwhelming. In these cases, the relationship between the spouse and the injured or deceased has been adversely affected, and it can result in damages for loss of consortium.
What is loss of consortium? The courts recognize the deep and personal impact that a serious injury or wrongful death can have on a relationship.
While the injured party may receive compensation for physical and financial losses, loss of consortium provides a way for loved ones to seek damages for their noneconomic suffering.
What You Need to Know About Loss of Consortium
In these cases, loss of consortium addresses the intangible ways a relationship has been affected by an injury, such as:
- Loss of companionship and emotional support
- Loss of physical intimacy
- Loss of household services, such as childcare
For example, if a couple’s life was upended after a car accident leaves one spouse paralyzed, loss of consortium damages could be pursued. In this example, the physical limitations, emotional strain, and loss of shared activities could severely impact their marriage.
Loss of consortium compensates for these personal losses.
Who Can File a Loss of Consortium Claim in South Carolina?
Loss of consortium is often filed along with personal injury or wrongful death claims. These are two separate legal actions that can take place at the same time.
According to South Carolina law, only a spouse can bring a claim for loss of consortium. Unlike other states, the courts limit these claims to marital relationships. That means unmarried partners, parents, or children may not file these claims.
Like in a personal injury lawsuit, the claim must prove the following:
- The injury was caused by someone else’s negligence: Whether it’s a car accident, medical malpractice, or another type of incident, there must be clear evidence of fault.
- The injury impacted the marital relationship: The claimant must demonstrate how the injury diminished the love, companionship, or shared life they once had.
Loss of consortium claims can be difficult to prove since it is a subjective part of a relationship. Unlike medical bills or lost wages, there’s no clear way to measure emotional or relational damage.
Valuing Loss of Consortium
Since loss of consortium involves noneconomic damages, there is no specific formula for calculating compensation. Many times, the amount depends on:
- The severity of the injury: Often, severe injuries result in higher loss of consortium awards because they tend to have a greater impact on the relationship.
- The quality of the relationship before the injury: There must be evidence of a close, loving, and supportive marriage to strengthen the claim.
- The age and health of the spouses: Younger couples or those with long, healthy marriages may receive higher awards.
This is just a sample of what might be considered to recover loss of consortium damages. Working with an attorney will help you clarify what you can expect with your claim.
How to Strengthen Your Claim
If you’re pursuing a loss of consortium claim in South Carolina, you will need to build a solid case. Like any type of claim, you need to document the impact. You may want to keep a detailed record of how the injury has affected your relationship. Be sure to note changes in daily routines, emotional strain, or diminished intimacy.
Testimonies from friends, family members, or counselors can be valuable in these situations. These witnesses must be those who have observed the impact of the injury on your relationship and can support your claim.
Finally, these damages can be tricky to calculate. For that reason, you will want an experienced South Carolina personal injury attorney to assist with the process. They can review the evidence, calculate damages, and present a solid case in your favor.
Beyond the legal and financial damages, loss of consortium acknowledges the emotional toll that injuries impose on relationships. If you’re navigating this kind of loss, you will want to reach out to an experienced lawyer. A loss of consortium claim is about more than money. With this, you have a way to seek justice for the ripple effects of someone else’s negligence on your family’s life.
At The Solomon Law Group, LLC, we are always here to provide legal guidance for filing these wrongful death claims.
