Losing someone you love because of negligence goes far beyond financial hardship—you lose the irreplaceable bond you shared with that person. South Carolina recognizes this profound reality, which is why loss of consortium damages play an important role in helping grieving families seek justice.

Loss of consortium refers to compensation for losing the special relationship you had with a spouse who passed away due to someone else’s wrongful actions. It acknowledges the emotional and personal impact of such a loss: the companionship, love, and support that enriched your daily life.

These damages are meant to recognize that when someone takes your spouse away, you suffer a profound, irreplaceable loss—one that cannot be measured solely in financial terms.

Who Can File for Loss of Consortium in Charleston?

South Carolina has specific rules regarding loss of consortium claims. Only legally married spouses can pursue these damages.

This means that if you were in a committed relationship but were not legally married—regardless of the length or depth of your bond—you cannot file a loss of consortium claim in South Carolina. Other family members, such as children or parents, do not have standing to file for consortium damages either, though they may pursue claims through the standard wrongful death action.

How Are Loss of Consortium Damages Different from Other Wrongful Death Claims?

Loss of consortium claims are separate from the primary wrongful death lawsuit. In a wrongful death case, the personal representative of the deceased’s estate files the claim on behalf of all eligible family members. This type of lawsuit focuses on economic losses, including:

• Lost wages and future earning potential
• Medical and funeral expenses
• Financial support the deceased would have provided

In contrast, a loss of consortium claim addresses the personal, emotional, and intimate aspects of the spousal relationship. It is designed to compensate for:

• Emotional support and companionship
• Affection and intimacy
• Guidance, care, and shared daily life experiences

Essentially, wrongful death damages address financial losses, while loss of consortium claims focus on personal and emotional losses.

Factors That Influence Loss of Consortium Awards

Courts evaluate loss of consortium claims by examining the nature and quality of the marital relationship. Important factors include:

• Length of the Marriage: Newlyweds and couples with decades together may have different considerations.
• Closeness of the Relationship: Courts assess whether the marriage was supportive, affectionate, and emotionally involved.
• Age of the Spouses: Younger couples may receive higher compensation due to the number of lost years together.
• Spousal Involvement: The court considers how actively your spouse participated in your daily life, including providing emotional support, caregiving, and companionship.

The goal is to fairly account for the depth and significance of the loss in your life.

How Do You Prove Loss of Consortium in Court?

Proving loss of consortium can feel emotionally challenging because it involves demonstrating the personal impact of your spouse’s death. Generally, you must first establish that the death was caused by someone else’s negligence or wrongful act, which may include:

• Car accidents caused by drunk or reckless drivers.
• Medical malpractice.
• Other acts of negligence or recklessness.

Next, you must demonstrate how this loss has affected your life. Evidence may include:

• Changes in daily routines.
• Emotional distress, grief, or depression.
• Loss of companionship and shared activities.

Testimony from family, friends, and mental health professionals can help support your claim and show the true impact of the loss.

Seek Justice with Our Charleston Wrongful Death Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

If you are grieving the loss of a spouse due to an accident, our Charleston wrongful death lawyers at Rogers, Patrick, Westbrook & Brickman LLC can help. We provide compassionate guidance and aggressive advocacy for families navigating these complex legal matters. Our offices in Charleston, Mt. Pleasant, Aiken, and Columbia allow us to serve clients across the state. Call 843-727-6500 or fill out our online form for a free consultation.