Loss of Consortium

Illinois tort laws provide compensatory damages for personal injury claims. A victim can see compensation for their economic damages or financial losses. They may also recover compensation for their pain and suffering or non-economic damages. 

However, the accident victim is not the only person who suffers because of another party’s negligence or intentional torts. Family members may suffer losses when their loved one sustains a personal injury. 

Even though a family member may not be physically injured, they may experience financial and emotional losses because of their family member’s injuries. Loss of consortium claims compensate family members for these losses.

Loss of Consortium Claims in Chicago, IL

Loss of consortium refers to the losses a family member incurs because of their loved one’s injuries. The losses are separated into sentimental losses, such as love, sexual relations, and affection. Functional losses include losing support, services, guidance, and care.

A loss of consortium is filed against the party who caused the family member’s injuries. For example, a person may file a loss of consortium claim against the driver who caused their spouse’s car accident.

Who Can File a Loss of Consortium Claim in Illinois?

State laws determine who can file a loss of consortium claim. 735 ILCS 5/13-203 is the state law for loss of consortium claims filed in Illinois. According to the statute, the following family members are eligible to file loss of consortium claims:

  • Spouses
  • Children
  • Parents

In many states, a surviving spouse is the only person who can file a loss of consortium claim. However, Illinois sometimes allows other family members to file loss of consortium claims.

Examples of Accidents and Personal Injuries That Could Result in Loss of Consortium Claims

Family members may file loss of consortium claims after numerous types of accidents and incidents that result in injuries. Examples of situations that could result in a loss of consortium claim include:

The same statute of limitations applies to loss of consortium claims as the statute for the underlying personal injury claim. In many cases, a family member must file a loss of consortium claim within two years from the date of injury. 

However, exceptions could change the deadline. Therefore, seeking legal advice as soon as possible is crucial to avoid losing your right to file a claim.

Proving a Loss of Consortium Claim in a Chicago Personal Injury Case

The person filing the claim has the burden of proving the legal elements of a loss of consortium claim. The elements are:

  • A family member sustained an injury because of another party’s intentional torts, negligence, or other wrongdoing
  • The family member is pursuing a claim against the person who caused their injuries
  • You are the legal spouse of the accident victim or another close family member, such as a parent or child
  • The injuries your family member sustained qualify for a loss of consortium claim
  • You sustained harm and losses because of your loved one’s injuries

Medical records are required to establish your loved one’s injuries. Other evidence will be required to prove your relationship with your loved one and the harm you sustained because of their injuries. 

Your testimony, along with others, can help establish your losses.

How Do You Value a Loss of Consortium Claim in Illinois?

Loss of consortium claims fall under the category of non-economic damages. These damages do not have a bill, invoice, or statement you can use to assign a value. Instead, the value of non-economic damages depends on the factors involved in the case.

Courts analyze numerous factors to calculate the value of a loss of consortium claim. Factors that the court analyzes in a loss of consortium claim include, but are not limited to:

  • The length of the marriage, if the spouse is filing the claim, including the strength and closeness of the relationship between the spouses
  • Can a spouse have intimate relations with their partner, including conceiving a child
  • The living arrangements between the person filing the claim and the accident victim
  • Is a parent able to care for their children, including communicating and providing guidance
  • The level of companionship and care provided by the accident victim to the person making the claim
  • The importance of the role the injured party played in the life of the claimant

The type of injury and severity of the impairment directly impact the victim’s relationship with their family members. For example, a spinal cord injury causing paralysis may prevent a parent from caring for their children and participating in their lives. 

A traumatic brain injury may result in cognitive impairments that prevent the person from remembering their loved ones or cause their personality to change.

How Does Contributory Fault Impact a Loss of Consortium Claim in Illinois?

Illinois modified contributory fault laws apply in a loss of consortium claim. Your claim is tied to your loved one’s personal injury claim. The court can reduce their damages if they are partially to blame for causing their injuries. They are barred from receiving damages if they are more than 51% to blame.

The same standards apply to your claim for loss of consortium. If your loved one is partially at fault, your damages for a loss of consortium claim are reduced by their level of fault.

Schedule a Free Consultation With a Chicago Personal Injury Lawyer

A personal injury or accident impacts the entire family. If you or a family member was injured in an accident, call Powell and Pisman Injury Lawyers at (312) 635-5400 or contact us online for a free consultation with a Chicago personal injury lawyer. We will help you seek compensation for all available damages.