Understanding Loss of Consortium Claims in Illinois Injury Cases

When a serious accident happens, the effects often spread far beyond the person who was hurt. A spouse may lose companionship, intimacy, and the sense of partnership that once defined their relationship. These personal and emotional losses are real, and Illinois law provides a way to seek recognition and compensation for them through what is known as a loss of consortium claim.

Loss of consortium is a legal term that covers the harm suffered by the uninjured spouse when their partner’s injury changes the nature of their marriage. It recognizes that trauma does not end with the physical pain of the injured person. It extends into family life, emotional wellbeing, and the stability of the household. For many couples, recovery involves more than medical treatment. It requires rebuilding a shared life that may never look the same.

If your spouse has been seriously injured and you are feeling the effects on your relationship, you may have a valid claim for loss of consortium. The Law Offices of Michael J. Brennan can help you understand how these claims work and whether your situation qualifies. Contact our office for a free consultation to discuss your rights and explore your legal options under Illinois law.

What Is a Loss of Consortium Claim

A loss of consortium claim is brought by the spouse of an injured person and focuses on how the injury has affected the emotional and practical parts of the marriage. It may involve the loss of companionship, affection, care, comfort, or household assistance. In Illinois, only a legally married spouse can bring this type of claim, and it must be connected to the injury caused by another party’s negligence or wrongdoing.

This kind of claim is often included in personal injury cases such as car crashes, medical negligence, defective products, or workplace accidents. The key idea is that when one spouse is harmed, the other loses part of the relationship that existed before the incident. It could be a loss of emotional closeness, shared daily routines, or the ability to rely on the injured partner for help and comfort. The law allows the uninjured spouse to seek financial recovery for that loss as a way to acknowledge its impact.

Loss of consortium claims are typically filed together with the injured spouse’s main lawsuit because they depend on the success of that underlying case. If the court finds that the injury was caused by someone else’s negligence, then the uninjured spouse may be able to recover for their separate but related harm.

How Illinois Law Handles Loss of Consortium

In Illinois, loss of consortium is recognized as a companion claim that arises directly from the personal injury suffered by one spouse. It is not a separate tort but rather an extension of the main case. The law views the marital relationship as a partnership that can suffer its own damage when one partner is injured.

To prove the claim, the uninjured spouse must show that a valid marriage existed at the time of the incident, that the other spouse was harmed through a wrongful act, and that the injury caused a measurable change in the marital relationship. This might include the loss of companionship, affection, or shared responsibilities that existed before the accident.

The timing of the claim is also important. Under Illinois law, loss of consortium must be filed within the same period as the main personal injury case, which is generally two years from the date of the injury. If the deadline passes, the claim may be barred, regardless of its strength. This is why it is critical to consult an experienced attorney early to ensure that all necessary filings are made on time.

How Damages Are Calculated

There is no single way to place a dollar amount on the harm caused by the loss of companionship or affection. Courts in Illinois look at a variety of factors when determining the value of these claims. They may consider the quality and stability of the marriage before the injury, the extent of the physical and emotional limitations the injured spouse now faces, and how the relationship has changed as a result.

Compensation often includes emotional losses such as affection, intimacy, and companionship. It may also include practical contributions like child care, home maintenance, and financial support that the injured partner can no longer provide. Evidence in these cases can include testimony from both spouses, medical evaluations, and statements from friends or family members who have observed the changes in the relationship.

While money cannot repair emotional wounds, a successful loss of consortium claim can help ease the financial strain that often follows a serious injury. It also serves as an acknowledgment that the relationship itself has been harmed and deserves recognition under the law.

Why Legal Representation Matters

Loss of consortium claims are complex and often disputed. Insurance companies may argue that the changes in the marriage are unrelated to the injury or that they are too minor to deserve compensation. A skilled attorney can help document the full extent of the harm, gather supporting evidence, and present the claim in a way that clearly shows the connection between the injury and the emotional or practical losses.

An experienced lawyer understands that these cases are about more than money. They are about fairness and accountability. At The Law Offices of Michael J. Brennan, we approach every case with compassion and determination. We take the time to understand how an injury has altered your life and your marriage, then work to build a claim that reflects that reality.

Speak With an Illinois Personal Injury Attorney

If your spouse’s injury has disrupted your marriage or family life, you do not have to face the legal process alone. The Law Offices of Michael J. Brennan can help you understand your rights and pursue the compensation you deserve. We represent clients throughout Illinois and have extensive experience with complex personal injury and loss of consortium cases.

Taking the first step can be difficult, but you do not have to do it without support. Contact Attorney Michael J. Brennan today for a free consultation. We will review your situation, answer your questions, and help you move toward the justice and recovery your family needs.