Your spouse was seriously injured in an accident. You’re dealing with doctor visits, medical bills, and watching someone you love struggle through recovery. What many people don’t realize is that when your spouse is injured, you’ve suffered losses too. Your life has changed. The companionship, support, and partnership you relied on may be gone or significantly diminished. In South Carolina, you have the right to seek compensation for these losses through a loss of consortium claim.
At Dan Pruitt Injury Law Firm, we’ve been helping injured people and their families for 30 years. Since 1993, we’ve represented clients throughout Greenville and South Carolina in all types of personal injury cases, including loss of consortium claims. We understand how profoundly an injury affects not just the victim but their spouse and entire family. If your spouse was injured due to someone else’s negligence, you deserve compensation for what you’ve lost.
Call (864) 280-7660 for a free consultation. We’re available 24/7, and you don’t pay us unless we win your case.
What is loss of consortium?
Loss of consortium refers to the harm a spouse suffers when their husband or wife is injured by another person’s wrongful act. The word “consortium” means partnership or companionship. When someone injures your spouse, they’ve also harmed your marriage relationship and the benefits you receive from that partnership.
Under South Carolina law (S.C. Code § 15-75-20), you can file a claim for damages arising from the violation of your right to your spouse’s companionship, aid, society, and services. This is a separate legal claim from your spouse’s personal injury case, though the two are typically filed and heard together.
South Carolina recognizes that a marriage is a unique relationship with profound legal significance. The injury to one spouse inevitably affects the other. Loss of consortium claims acknowledge this reality and provide compensation for the spouse who has also been harmed, even though they weren’t physically injured in the accident.
Types of losses covered by consortium claims
Loss of consortium isn’t just about one aspect of your marriage. It encompasses the full range of ways your relationship has changed because of your spouse’s injuries.
Loss of companionship
This covers the emotional connection and togetherness you shared with your spouse. Maybe you used to take walks together, travel, or simply enjoy quiet evenings talking about your day. If those moments are gone or significantly reduced, you’ve lost companionship.
Loss of affection and intimacy
Serious injuries often affect the physical and emotional intimacy between spouses. This is a deeply personal aspect of marriage, but South Carolina law recognizes its importance. The term “society” in the statute specifically includes the sexual relationship between spouses.
Loss of household services
Spouses typically share responsibilities around the home. One might handle yard work, home maintenance, cooking, or childcare. When injuries prevent your spouse from performing these tasks, you lose their services and often must pay someone else to do them or take on additional burdens yourself.
Loss of emotional support and guidance
Marriage partners provide emotional support through life’s challenges. They offer advice, comfort during difficult times, and help make important decisions. Serious injuries can rob you of this vital support when you may need it most.
Loss of earning capacity impact
While your spouse’s lost wages are part of their personal injury claim, the loss of household income affects you directly as their spouse. The financial strain on your household represents a real loss to you personally.
Need help with a loss of consortium claim? Call (864) 280-7660 for a free consultation. Attorney Dan Pruitt personally handles every case.
Who can file a loss of consortium claim in South Carolina?
South Carolina law is specific about who can bring these claims. Only legally married spouses can file loss of consortium claims. This means:
Marriage is required. You must be legally married to the injured person at the time of the injury. Engaged couples, unmarried domestic partners, and divorced spouses cannot file loss of consortium claims in South Carolina.
Parents and children cannot file these claims. Some states allow parents to sue for loss of a child’s consortium or children to sue for loss of a parent’s consortium (called “filial consortium”). South Carolina does not recognize these claims. The South Carolina Supreme Court specifically declined to expand loss of consortium to parent-child relationships in Doe v. Greenville County School District (2007).
The claim belongs to you, not your injured spouse. Your loss of consortium claim is independent. It’s your claim for your losses. This means several important things. First, even if your spouse’s personal injury case is dismissed, you can still pursue your consortium claim. Second, you’re entitled to your own compensation separate from what your spouse receives. Third, you have your own legal right to accept or reject settlement offers related to your consortium claim.
How loss of consortium claims work in South Carolina
Understanding the legal mechanics of these claims helps you know what to expect if you decide to pursue compensation.
Independent but related claims
Loss of consortium is an independent legal action under South Carolina law (Preer v. Mims, 323 S.C. 200, 1996). This means it’s technically a separate lawsuit from your spouse’s personal injury case. However, both claims are almost always filed together and heard as part of the same case. This makes sense because both claims arise from the same incident and involve the same defendant.
The independent nature of consortium claims has important implications. A verdict in favor of the defendant in your spouse’s injury case doesn’t automatically defeat your consortium claim (Graham v. Whitaker, 282 S.C. 393, 1984). You have separate legal rights.
When the claim arises
Your consortium claim doesn’t exist until the losses actually occur. You can’t file based on hypothetical future harm. This means you may need to wait weeks or months after your spouse’s injury to fully understand how it has affected your marriage before filing your claim.
The statute of limitations for loss of consortium claims follows the same timeline as personal injury claims in South Carolina. You have three years from the date of the injury to file your claim (S.C. Code Ann. § 15-3-530).
No double recovery
South Carolina law prohibits recovering the same damages twice. If your spouse’s personal injury claim includes compensation for lost wages, you cannot also claim those lost wages as part of your consortium claim. The statute specifically states that consortium actions “shall not include any damages recovered prior thereto by the injured spouse.”
Your consortium claim should focus on losses unique to you as the spouse. These are harms that fall to you personally because of your relationship with the injured person, not damages your spouse has already claimed.
Proving your loss of consortium claim
Valuing a marriage relationship is inherently difficult. As one South Carolina court noted, “The companionship and society of a wife are not articles of commerce. They cannot be weighed or measured. They are not bought and sold, and no expert is competent to testify to their value.”
Despite this challenge, you must prove your losses to recover compensation. Here’s what matters.
The strength of your marriage before the injury
Courts will examine the quality and closeness of your relationship before the accident. A strong, loving marriage where spouses rely heavily on each other will support a higher consortium award. Evidence might include testimony from family and friends about your relationship, joint activities you enjoyed, and how you supported each other.
The severity and permanence of injuries
More severe injuries that permanently change your spouse’s abilities typically result in greater consortium damages. Catastrophic injuries like traumatic brain injuries, paralysis, or severe burns often have profound, lasting effects on marriage relationships.
Specific ways your life has changed
Be prepared to explain concrete examples of how your daily life and relationship have changed. Maybe your spouse can no longer participate in activities you enjoyed together. Perhaps you’ve had to hire help for tasks your spouse previously handled. You might need to provide more physical care for your spouse, fundamentally changing the dynamic of your relationship.
Your testimony and supporting evidence
You will likely testify about your relationship before and after the injury. Other witnesses who know you both well (family members, close friends, clergy) can also testify about the changes they’ve observed in your marriage. Medical experts may explain how your spouse’s injuries limit their abilities and affect the marital relationship.
Our firm guides you through this process with sensitivity and professionalism. We help you articulate your losses clearly while protecting your privacy as much as possible. We can also meet with you virtually if discussing these sensitive matters at our office feels uncomfortable.
Damage caps and limitations
South Carolina law places limits on non-economic damages, including loss of consortium, in certain types of cases. These caps are adjusted annually for inflation, and the specific amounts depend on the type of case and defendant involved.
However, several important exceptions remove the caps entirely. The caps don’t apply if:
- The defendant intended to harm your spouse
- The defendant has been convicted of a felony related to the accident
- The defendant acted while under the influence of alcohol or drugs
- The defendant acted with reckless, willful, or wanton conduct
In drunk driving cases, for example, the cap typically doesn’t apply. Because the law in this area is complex and changes regularly, it’s important to discuss the specific limits that may apply to your case with an experienced attorney.
How Dan Pruitt Injury Law Firm can help
Loss of consortium claims require sensitivity and skill. You’re being asked to discuss intimate details of your marriage and explain losses that may be painful to talk about. Our firm handles these cases with the compassion and professionalism they deserve.
Attorney Dan Pruitt personally works on every case. With 30 years of experience representing injured people and their families, he understands the profound impact serious injuries have on marriages and family relationships. We’ve successfully represented spouses in loss of consortium claims alongside their husband’s or wife’s injury cases throughout South Carolina and know how to build compelling cases that demonstrate the full extent of your losses.
We investigate thoroughly, gather evidence that demonstrates your losses, and build strong cases for fair compensation. We understand that these cases often involve discussing deeply personal matters, and we handle every conversation with respect and discretion. Throughout the process, we keep you informed and involved in all important decisions about your case.
We work on a contingency fee basis. You don’t pay us anything unless we recover compensation for you. Your consultation is completely free.
Frequently asked questions about loss of consortium claims
Can I file a consortium claim if my spouse and I were separated at the time of the accident?
Yes, as long as you were still legally married. However, separation will likely reduce the value of your claim since it suggests a less close relationship. Courts will examine how the separation affected your reliance on each other.
What if my spouse’s injury claim settles, but I want to pursue my consortium claim?
Because your consortium claim is independent, you have the right to continue pursuing it even if your spouse settles their personal injury case. However, practical considerations often make it difficult to continue alone. Discuss your options with an experienced attorney.
How much is a loss of consortium claim worth?
Every case is different. The value depends on factors like the severity of injuries, the strength of your marriage, your ages, and how significantly the injury has changed your relationship. There’s no formula. A judge or jury must assess your specific situation.
Will filing a consortium claim expose private details of my marriage?
Yes, to some extent. You’ll need to discuss aspects of your relationship, including intimacy, that are deeply personal. However, your attorney will help you present this information in a respectful way that protects your privacy as much as possible while proving your losses.
Can children file consortium claims in South Carolina?
No. South Carolina does not recognize loss of consortium claims between parents and children. Only spouses can file these claims.
How long do I have to file a loss of consortium claim?
Three years from the date of your spouse’s injury. Don’t wait. Evidence disappears, memories fade, and you risk losing your right to compensation if you miss the deadline.
Take the next step
When someone injures your spouse, the effects ripple through your entire life. You deserve compensation for what you’ve lost. Dan Pruitt Injury Law Firm has been helping families throughout South Carolina for 30 years. We understand what you’re going through, and we know how to build strong consortium claims that result in fair compensation.
Call (864) 280-7660 now for a free consultation. Attorney Dan Pruitt will personally review your case. We’re available 24/7. You don’t pay us unless we win your case. Serving Greenville, Spartanburg, Anderson, and throughout South Carolina.
Your marriage matters. Your losses matter. Let us fight for the compensation you deserve.