Understanding “Loss of Consortium” in South Carolina Personal Injury Cases

Our David W. Martin Accident & Injury Attorneys in South Carolina know many terms associated with personal injury claims are not as straightforward as some, like medical bills or lost wages. Loss of consortium is one of those terms.

Loss of consortium in South Carolina personal injury cases refers to the damages claimed by an injured person’s spouse or close family members for the loss of companionship, affection, and support due to the injury. This type of claim is typically pursued when the injured party’s injuries are so severe that they impact the marital relationship, including loss of intimacy, emotional support, or the ability to contribute to household duties.

Personal Injury Cases

Loss of consortium is considered non-economic damage, meaning it compensates for intangible losses that affect the quality of life. South Carolina law allows spouses and, in some cases, children to seek these damages alongside the primary personal injury claim, recognizing the profound impact serious injuries can have on family relationships.

Unfortunately, pursuing non-economic damages like the loss of consortium can be challenging to quantify without the help of a skilled South Carolina personal injury lawyer. We can help.

How Can the David W. Martin Accident & Injury Lawyers Help Prove Loss of Consortium Damages?

Our South Carolina personal injury lawyers quantify the loss of consortium as non-economic damages by evaluating the overall impact of the injury on the relationship between the injured party and their spouse or family members.

Because loss of consortium damages compensate for intangible losses like companionship, affection, emotional support, and intimacy, our lawyers typically use various methods to estimate their value.

This includes gathering testimony from both spouses about the changes in their relationship, assessing the severity and duration of the injured person’s condition, and examining the loss of enjoyment in shared activities, responsibilities, and daily life.

We may also consider both spouses’ life expectancies and the extent to which the injury has affected their future together. Since these damages cannot be easily measured in monetary terms, we often rely on past case precedents and expert witnesses, such as psychologists or marriage counselors, to support our claims and help juries or judges determine fair and reasonable compensation.

Loss of Consortium is an Important Consideration in Many South Carolina Personal Injury Claims

When someone suffers a debilitating injury, it doesn’t just impact them—it can disrupt the entire dynamic of a marriage or family, stripping away companionship, intimacy, and the ability to provide support or care for one another. These are genuine, life-altering losses that can strain relationships, create emotional pain, and significantly diminish the quality of life for both the injured person and their loved ones.

Contact Our David W. Martin Accident & Injury Lawyers Today

Recognizing loss of consortium acknowledges that injuries often have far-reaching consequences beyond the physical, affecting the deeply personal bonds between spouses and family members. We can help.

Contact our David W. Martin Accident & Injury Lawyers at (803) 302-3989 to learn more about your legal rights and options to hold the negligent party liable for your complete recovery needs. We provide free consultations for all South Carolina personal injury cases and never charge legal fees unless we deliver a positive outcome for your unique case.

David W. Martin Accident and Injury Lawyers is the personal injury division of David W. Martin Law Group, LLC. David W. Martin Law Group, LLC. is responsible for all content, links, and blogs contained within this website.

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