What is a Loss of Consortium Claim in Illinois?

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Under Illinois law, the spouse of a person who has been injured or killed in an accident or because of the wrongful act of another person is entitled to damages through a loss of consortium claim.

Loss of consortium includes the loss of support, society, companionship, and sexual relationship that a spouse has been deprived of. These claims can be filed separately from the injured spouse’s personal injury claim but are often filed concurrently.

If you believe that you or your spouse may be entitled to file a loss of consortium claim in Illinois, you should contact the Edwardsville personal injury attorneys of Walton Telken today. The assistance of a lawyer can ensure that you obtain as much compensation as possible under the law.

What are Some Examples of Accidents that Can Lead to Loss of Consortium Claims?

Loss of consortium claims can arise from a wide variety of events. Some of the most common include:

  • Car accidents
  • Medical malpractice
  • Violent crimes
  • Slip and fall accidents
  • Workplace accidents
  • Accidents that occur due to hazardous conditions
  • Bicycle accidents
  • Commercial trucking accidents

Just as there are a number of events that can lead to a loss of consortium claim, there are also a number of parties that may be liable. The most effective way to learn who may be liable for your losses is to discuss your claim with an attorney.

How to Calculate Loss of Consortium Damages

Under Illinois law, you can recover compensation for both economic and non-economic losses in a loss of consortium claim. For example, you can recover compensation for the loss of love, affection, and sexual companionship, which are non-economic losses. Likewise, you can recover compensation for the household services that your spouse provided.

The exact amount of compensation you can recover will depend on the specific circumstances of your case. Importantly, however, punitive damages are never recoverable in an Illinois loss of consortium claim.

Have an Illinois Loss of Consortium Claim? Call Our Office Today

If your loved one was injured or killed in an accident, you may be able to file a loss of consortium claim. At Walton Telken, we are committed to obtaining the best possible result for each client we represent. To schedule a free case evaluation, call our office today at (844) 260-8945 or contact us online.

Loss of Consortium FAQs

How much is my loss of consortium claim worth?

The value of your claim will depend on a number of factors, including your relationship with your spouse and their role in your household.

Do you need a lawyer to file a loss of consortium claim?

While there is no legal requirement to retain an attorney to file a claim, it’s in your best interest to do so.

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