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Can I claim loss of consortium damages after my spouse was hurt?

Catastrophic car accident injuries can hurt more people than just the person who suffered the injuries. For example, the victim's family members could also suffer indirect harm due to the loss of family income, the loss of love and affection, and the loss of household services.

When focusing on the way a spouse and children can be harmed when a parent, husband or wife gets hurt, this is called "loss of consortium." When filing a personal injury action after a car accident, it's not uncommon for family members of the victims to include damage claims for loss of consortium.

What damages do family members include in a loss of consortium claim?

Although each case is different, loss of consortium damages might include the following:

  • The loss of parenting
  • The loss of care
  • The loss of sexual relationship
  • The loss of spousal benefits
  • The loss of companionship
  • The loss of affection
  • The loss of household services like cleaning, cooking, laundry, home maintenance, etc.
  • The loss of child care services
  • The loss of family income and financial support
  • The loss of quality of life

What factors do courts consider in a loss of consortium claim?

Courts generally consider the following factors when deciding a loss of consortium claim:

  • Was the marriage loving and stable, and likely to endure for years to come?
  • Did the spouses or the parents and children live with one another?
  • How much care and companionship did the spouses give one another and/or how much care and companionship did the children receive from the parent who was hurt.
  • What is the life expectancy of the spouses?

Do you want to file a claim for loss of consortium?

Do you want to file a claim for loss of consortium relating to your spouse's car accident injuries? There are many factors that could limit your ability to file such a claim, and other factors that could support your ability to file such a claim under Illinois law. Therefore, it's important that you learn more about Illinois civil law to determine the potential strengths and weaknesses of your legal position.

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