At the David W. Martin Law Group, our personal injury attorneys in Rock Hill, South Carolina help guide our clients through many difficult circumstances after they or their loved ones have suffered injuries caused by negligence.
That includes representing those who have suffered physical, emotional, and financial challenges stemming from auto accidents, work injuries, and slip and fall incidents, many of which involve the loss of consortium, which is life-changing for both the injured and their loved ones.
These important cases require an experienced York County personal injury lawyer to pursue results, so we can seek justice for their complete losses.
What is the Loss of Consortium in South Carolina?
When someone’s spouse or family member is injured or killed by the negligent, wrongful, or intentional acts of another, he or she may be eligible to file a loss of consortium claim against the offending party.
Loss of consortium is what happens when an accident reduces or nullifies the right of association, love, affection, companionship, comfort, society, or sexual relations the injured party once provided.
Which Family Members are Eligible to File a Loss of Consortium Claim in South Carolina?
The family member who is eligible to file a loss of consortium claim in South Carolina is typically the spouse or family member of the person injured, who will file the claim as a third party.
They may include:
When loss of consortium affects parents or children, we must prove the injury or loss irrevocably altered the relationship by invalidating the same level of care, affection, and nurturing the injured party once provided.
What Type of Damages Can I Pursue from the Loss of Consortium in Rock Hill, South Carolina?
Depending on your relationship with the injured or deceased, we may pursue a combination of the following damages on your behalf.
- Loss of Services: Services are defined in a nearly literal sense, which means it includes the reasonable value of the work the family member contributed to the home, including walking the dogs, cleaning the gutters, or other similar chores.
- Loss of Support: Support, too, is defined by the actual support — both physical and moral — that the family member provided.
- Loss of Quality: When a marital relationship is disrupted by the lack of affection or an emotional connection, the specific personal losses may be included in the claim’s damages.
How Can We Prove Loss of Consortium Occurred in South Carolina?
Loss of consortium claims are deeply personal and placing a monetary figure on those losses requires a customized calculation for each client who suffers the related losses.
Since the loss of consortium can only be measured in non-economic damages, we must weigh how the losses affected you, so we can place a figure on how the negligent party’s actions have negatively impacted your life now and going forward.
That may include:
- Physical pain and suffering
- Emotional distress
- Loss of reputation
- Humiliation and embarrassment
- Loss of society and companionship
Punitive damages may be pursued at different levels, depending on the facts of the case, and the circumstances under which the injury or death occurred.
If you have suffered a loss of consortium from a negligent party’s actions or inaction that injured or killed your loved one in South Carolina, contact our Greenville personal injury lawyers at the David W. Martin Law Group today by calling (803) 548-2468 to review your case with our experienced lawyers who are here to help you pursue positive results.