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When a personal injury occurs, it is often not just the injured person who suffers; a spouse can suffer greatly, too. A personal injury to a husband or wife can significantly change the marriage relationship.
Think of all the ways that spouses help each other. They provide tangible help – maintaining the household, doing yard work, doing the dishes, and otherwise maintaining the home. They also provide emotional support, companionship, and engage in sexual relations.
The legal term for this special spousal relationship is consortium. Loss of consortium is the legal term for the loss that a spouse endures when this relationship is injured intentionally or through negligence. A spouse may claim for loss of consortium in South Carolina.
Elements of Loss of Consortium
- Marriage – There must be a lawful marriage. Engagements and significant others don’t count.
- Injury to Spouse – The spouse sustains a personal injury.
- Causation – The injury is the cause of damage to the spousal relationship.
- Damages – Loss of consortium results to the spouse.
In South Carolina, the loss of consortium claim is independent, rather than derivative. A judgment for the defendant in one action does not summarily prohibit the other. Graham v. Whitaker (1984).
Loss of Consortium in South Carolina
South Carolina has a law for loss of consortium – S.C. Code § 15-75-20. The law creates a legal cause of action for the spouse of someone hurt in a personal injury accident.
The spouse may sue for intentional or tortious violation of the right to companionship, aid, society, and services of their spouse.
What Does Loss of Consortium Include?
- Companionship
- Comfort
- Affection
- Guidance
- Emotional Support
- Household Contributions
- Personal Care
- Sexual Relations
How Do You Calculate Loss of Consortium Damages?
Loss of consortium damages are intangible, non-economic losses. To calculate damages, the parties must examine the nature of the spousal relationship, its closeness, and the interactions and behaviors of the spouses. The questions are what relationship existed before the injury and how the injury damaged that relationship.
Harm to a spouse is highly individual and personal. The spouses may testify, as well as other people that know the injured person and their spouse. There may be evidence that activities have changed, or that the household needs additional support that was not needed before.
Losses included in the injured spouse’s personal injury claim cannot also be in the loss of consortium claim. An example is lost wages. Loss of consortium is for the losses that fall uniquely to the spouse because of their relationship with the injured party.
Calculating Losses – the Closeness of the Relationship
A critical factor in calculating loss of consortium is the closeness of the party’s relationship. That means that the nature of the relationship is subject to scrutiny. The defense may try to challenge the plaintiff’s claims of spousal interaction and what has been lost. For example, if the parties were separated at the time of injury, the claim would be worth less than if the parties were living together and relying on each other for day-to-day tasks. The age of the parties, their health status, and remaining life expectancy may all be factors.
Another important factor is the severity of the injury to the spouse. For example, if the victim has paralysis or broken bones that interfere with walking and personal tasks, the impact to the spouse is likely to be greater than if the injured person has minor injuries that heal quickly.
Proof to mathematical certainty is not required, but the jury may not be left to guess or speculate as to the amount of damages. A lawyer can prepare you for what to expect as you prepare and present your case.
Can There be Loss of Consortium for Parent-Child Relationships in South Carolina?
No, South Carolina does not recognize loss of consortium claims between parent and child. Doe v. Greenville County School District (2007).
Does South Carolina Recognize Loss of Consortium for Fiancés?
No; to receive loss of consortium compensation in South Carolina, the parties must be married at the time of injury. Bishop of Charleston v. Century Indem. Co., (2016).
Can Loss of Consortium be Claimed Through Car Insurance in South Carolina?
Yes, car insurance may pay compensation for loss of consortium. The per person limits include loss of consortium, sharing the limits of per-person liability. However, loss of consortium claims are still independent of the victim’s personal injury claim. Kizer v. Kinard (Ct. App. 2004).
Loss of Consortium is Not Exclusive to Wrongful Death
South Carolina recognizes loss of consortium claims for personal injury. Wrongful death is not required, although someone who loses a spouse may certainly have a claim for their losses. Even when the spouse survives the injury, their husband or wife still often suffers significant impact. Damages for loss of consortium may be claimed, when appropriate, for injury cases.
Attorneys for Loss of Consortium Claims
Shealey Law Firm is a team of experienced personal injury attorneys. We handle loss of consortium along with other injury claims. Don’t get less than the compensation you deserve. Work with our aggressive and determined litigators. Contact us today.