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Personal Injury Blog

At Kinon Law Firm, we focus exclusively on helping injury victims. We’re here to fight for individuals and families who’ve had their lives disrupted by accidents, negligence, or tragedy.

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Can My Spouse Make a Claim for Loss of Consortium?

When a serious accident causes catastrophic injuries or results in the loss of a loved one, the impact extends far beyond the person who was directly harmed. Spouses often experience significant personal losses as their relationships change.

South Carolina law recognizes these losses through what is known as a loss of consortium claim. If your family has been affected by another party’s negligence, understanding your legal rights is an important step toward seeking justice and compensation. If you have questions about pursuing a claim, a wrongful death attorney in Conway, South Carolina, from Kinon Law can help.

What Is a Loss of Consortium Claim?

Loss of consortium refers to the loss of the benefits of a marital relationship due to injuries caused by another person’s wrongful conduct. Outlined in S.C. Code Ann. § 15-75-20, a loss of consortium claim may arise when an injured spouse suffers severe physical injuries that affect the couple’s ability to maintain the relationship as they did before the accident. 

In wrongful death cases, the surviving spouse may also seek damages for the loss of:

  1. Companionship
  2. Affection
  3. Guidance
  4. Emotional support

These damages are separate from the injured victim’s claim and compensate a spouse for the harm done to the relationship itself.

When Can a Spouse Pursue a Loss of Consortium Claim?

A spouse may have grounds to pursue a loss of consortium claim when another party’s negligence causes serious injuries or death. Common situations that may give rise to these claims include:

  • Motor vehicle accidents
  • Medical malpractice
  • Premises liability accidents
  • Fatal accidents resulting in wrongful death

Because loss of consortium damages are tied to the underlying injury claim, the success of the claim often depends on establishing that another party was legally responsible for the accident. Working with an experienced lawyer can help you understand your legal rights and what options are available in your unique case.

Damages That May Be Available

While economic losses such as medical expenses and lost income are typically sought by the injured victim or the estate in a wrongful death case, loss of consortium damages focus on the personal impact the injury has had on the marital relationship. These damages may include compensation for:

  • Loss of companionship
  • Loss of affection and emotional support
  • Loss of comfort and society
  • Loss of intimacy
  • Loss of assistance with household and family responsibilities
  • Emotional suffering caused by changes in the relationship

The consequences of a serious injury or wrongful death often affect the entire family. If your spouse was severely injured or killed because of someone else’s negligence, you may have the right to pursue compensation for the losses you have experienced.

Our wrongful death lawyers in Conway understand the lifelong devastation an injury or death in the family can cause. Our goal is to provide transparent and competent legal guidance throughout the entirety of your case. Contact Kinon Law Firm today by calling 843-488-9191 or through our online contact form. We offer free consultations to new clients throughout South Carolina.

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