Claims for the loss of consortium may be part of your non-economic damages in an injury or wrongful death case. Generally, it refers to the loss of certain benefits that come with an intimate or familial relationship. Since this is a somewhat subjective claim, it tends to vary from case to case, and proving it can be tricky.
To sue for the loss of consortium, we must understand what it is and how it may apply to your case. Suppose an injury or accident somehow interferes with your ability to carry on an important personal relationship with a partner or family member. In that case, you should talk about the loss of consortium with your lawyer. The value of these claims may depend on the nature of your relationship with your loved one and how deeply it is affected by the defendant’s actions. Proving loss of consortium can be tricky, and we may need testimony, records about income or financial support, and medical records regarding injuries.
Ask our Illinois personal injury attorneys for a free initial case review to begin by calling the Rhatigan Law Offices at (312) 578-8502.
Suing for Loss of Consortium in Illinois
The loss of consortium is a specific claim of non-economic damages that pertain to the loss of certain benefits from a personal or familial relationship. This might sound like a somewhat vague explanation, but that is because a loss of consortium may be unique in each case.
This loss tends to vary based on the nature of the relationship involved. For example, if a spouse loses their partner in an accident, the surviving spouse may sue for wrongful death and claim a loss of consortium. In this case, such a loss might constitute the loss of sexual intimacy, companionship, and support.
In a case where a child loses a parent in an accident, the child, or a guardian on their behalf, may claim the loss of parental support and guidance as part of their loss of consortium.
Claims for loss of consortium are common in wrongful death cases where the passing of a loved one terminates all benefits of that relationship. However, these claims may also arise if your partner or other family member is so badly injured that they can no longer engage in certain aspects of your relationship.
When to Sue for the Loss of Consortium
Exactly when our Chicago personal injury attorneys file your claims for the loss of consortium depends on the nature of your overall case. The loss of consortium might arise under numerous circumstances, and your attorney should help you make sure your claims are filed on time.
According to the statute of limitations under 735 I.L.C.S. § 5/13-203, claims for loss of consortium must be brought within the same time as the other injury claims from the accident. Put another way, your limitation period for claims for loss of consortium will be the same as your other claims related to the overall accident, whatever that might be.
General personal injury claims may involve a loss of consortium. Such claims must be filed within 2 years of when the accident occurred, according to § 5/13-202.
If your claims for loss of consortium are related to the wrongful death of a loved one, you must file the claims within 2 years of your loved one’s passing, according to 740 I.L.C.S. § 180/2(d). However, if the wrongful death claims stem from violent, intentional conduct by the defendant, you must file your case within 5 years of your loved one’s passing or 1 year from the final disposition of the criminal case if the defendant is charged.
How Valuable Are Claims for Loss of Consortium?
Claims for the loss of consortium are highly subjective, but they may yield significant financial compensation under certain circumstances. Since these are non-economic damages, their value may be determined by the trier of fact, either the judge or jury.
Claims related to wrongful death are more likely to be met with more compensation because of the nature of the claims. Your loved one is not just injured. They have passed away, and all benefits of the relationship are gone.
You are also more likely to get more compensation for claims for loss of consortium if your relationship was more significant. For example, a spouse suing for loss of consortium after their spouse dies in an accident may get more compensation than someone suing because their spouse was injured but still alive.
Even so, every case is unique, and you might have a strong claim for damages. Your attorney can review your case and give you a better idea of what your claims are worth.
Who Can Claim Loss of Consortium in Illinois?
Generally, loss of consortium refers to the loss of an intimate, familial relationship. As such, most close family members or romantic partners may claim a loss of consortium.
Many claims of loss of consortium occur when a spouse loses the other spouse. For example, if a husband loses his wife in a car accident, he can sue the negligent driver for loss of consortium, among many other damages. If you had a close, long-term relationship with your partner but were not legally married, talk to your attorney about whether you can still claim loss of consortium.
Children and parents may also sue for the loss of consortium. If a child loses their parent, or vice versa, they may claim the loss of that important, familial relationship. The nature of the claim varies depending on the nature of the relationship, but the compensation may be substantial.
For Legal Support, Call Our Illinois Personal Injury Attorneys Today
Ask our Peoria personal injury attorneys for a free initial case review to begin by calling the Rhatigan Law Offices at (312) 578-8502.
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