Can I Sue if My Spouse was Injured? Loss of Consortium Claims in Illinois

There are certain events, such as accidents while working, auto collisions, and medical malpractice, which can leave an everlasting effect on a spouse. As an example, when a spouse dies, the other spouse has lost that deceased spouse’s wages, income, etc.… There can be economic as well as non-economic ramifications to the uninjured spouse. While a price can never be placed on the companionship that spouses may have had between each other that can be lost or affected by an injury or death, legal compensation can relieve some of the hardship that married loved-ones face. These kinds of claims are called “Loss of Consortium” claims.

What is Loss of Consortium?

There are two categories of losses in Illinois: (1) non-economic losses, which can include the loss of services, love, companionship, comfort, affection, and responsibilities that the injured spouse contributed to the other spouse’s existence and,  (2) economic losses, which can include the loss of salary, wages, profits, income and/or similar losses.

Should I File a Claim for Loss of Consortium?

That depends on the factual circumstances of each case. If your spouse has been permanently injured or dies as a result of someone else’s negligent behavior, you may have a claim for Loss of Consortium. If this should occur, please call our law firm for assistance!