Your Spouse Was Injured. Do You Have a Claim? Spousal Loss of Consortium Claims in Illinois

Traumatic events such as car accidents, work-related accidents, medical malpractice, or other unexpected accidents generally cause a ripple effect in the injury victim’s life and the lives of their loved ones. 

While an accident can severely impact an injury victim, they are not the only person impacted when an accident occurs. Illinois law also recognizes the losses their loved ones experience. Thankfully, Illinois allows the spouses of injury victims to file a claim against the party responsible for their loved one’s injury.

This is where the loss of consortium is essential in aiding spouses whose lives have been impacted due to the negligent or reckless behavior of someone else that led to the injury or death of their loved ones. Keep reading to learn more about loss of consortium compensation.

What Is Loss of Consortium?

While no amount of money can compensate for the devastating loss of a death or the impact of an injury of a loved one has on your life, it can significantly help spouses and families face the economic burden. Loss of consortium is a term specifically related to personal injury cases when another party or person whose negligent or reckless behavior results in a spouse or family losing essential connection with the injury victim.

It is intended to compensate an injury victim’s spouse and to help fill the gap of losing their loved one’s partnership, including support, society, sexual intimacy, and companionship. Those who can file for loss of consortium include spouses, parents, children, and domestic partners who have lost the benefits of a familial relationship because of injuries or death.

In Illinois courts, the loss of consortium is generally placed into two categories:

  • Functional losses include loss of service, such as your partner’s participation in household responsibilities and tasks
  • Sentimental losses include loss of affection, sexual intimacy and relations, emotional support and care 


Calculating the loss of consortium requires considering various factors, including the following:

  • Emotional Distress — The non-injured spouse’s emotional suffering due to the loss of companionship and affection
  • Loss of Companionship — The inability to enjoy mutual interests, hobbies, and social activities previously shared in the relationship
  • Loss of Intimacy — The impact on the couple’s sexual relationship, which can be a significant aspect of the loss


Other factors the court may consider include:

  • How long the couple has been married, and if the marriage is stable
  • The living arrangements between the person filing for the loss of consortium and the injured victim
  • What was the role, and how big did the injury victim play in the loss of the consortium claimant’s life?
  • How much companionship and what level of care did that injury victim provide for the loss of consortium claimants?

The court will also consider the nature and extent of the injuries, the duration of the spouses suffering, and the overall impact on the marital relationship.

Illinois has no statutory cap on the loss of consortium damages, which means that the compensation awarded can be substantial if the court decides that the injury or death has profoundly affected the spouse, family, and relationship.

Challenges of a Loss of Consortium Claim

One of the biggest challenges in loss of consortium claims is that the nature of the damages is subjective. Unlike Lost wages and medical bills, the emotional and relational impacts are much more challenging to place value on, requiring the claimant to present a compelling case to illustrate the depth of their loss.

Unfortunately, a defense attorney may often argue that any damages sought for loss of consortium are unwarranted or excessive. They may even go as far as to suggest that marital issues were present before the injury or death, and therefore, the relationship’s damage is not as severe as being claimed.

Hiring a personal injury attorney familiar with the loss of consortium is crucial to help prepare counterarguments that include credible testimony and strong evidence for your claim. The value is determined on a case-by-case basis, and anyone filing for loss of consortium is not allowed to recover punitive damages.

How to Know if You Should File a Claim for Loss of Consortium Damages

Loss of consortium claims are often filed in the event of a wrongful death claim. A spouse will file the loss of consortium claim at the same time as the injury victim’s claim, and the spouse will also be required to provide evidence of their losses. Loss of consortium is also called “the loss of enjoyment of life” when a loved one is an injury victim or upon their death due to an accident.

Suppose your loved one is a victim of an automobile accident, a slip-and-fall accident, a construction accident, or medical malpractice. In that case, you may be eligible to file for loss of consortium damages.

To prove loss of consortium in Illinois, the court usually requires detailed evidence. This often includes testimony from both the injured and non-injured spouses and other witnesses to further support the changes in the marital relationship due to the injury.

Other evidence will include expert testimony, medical records, and personal accounts of the changes in relationship dynamics, which are crucial to proving the claim. The non-injured spouse needs to provide the court with a comprehensive picture of how their relationship and life have drastically altered due to the injury.

Chicago Personal Injury Attorneys Pullano & Siporin Are Here for You

At Pullano & Siporin, we are committed to helping our clients achieve their objectives and receive the compensation they deserve.

Our services include medical malpractice, personal injury claims, nursing home neglect, motor vehicle accidents, work-related and construction accidents, slip-and-fall accidents, and more. Understanding your legal rights is essential. We provide crucial legal representation to ensure that your rights are protected, and our team of experienced personal injury lawyers and trial attorneys has extensive experience handling a wide range of complex injury claims.

Contact us today to schedule a free personalized consultation. Our dedicated legal team will provide customized representation and seek the compensation and justice you and your family deserve.

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