After an accident, you want life to get back to normal as soon as possible. But what if it doesn’t?
When you lose companionship, help around the house, and help with the kids after a spouse is injured or dies due to a negligently caused accident, you may be eligible for compensation through a loss of consortium and support claim.
What is Loss of Consortium and Support?
Loss of Consortium takes place when the spouse of someone who was injured or died as a result of an accident is unable to resume a normal relationship with their spouse.
Loss of consortium is not limited to physical damage but can extend to psychological damage as well. Many people think that this means only the loss of physical or sexual relations with your spouse.
However, if the spouse is unable to gain the care, love, and companionship they had previous to the accident, they may qualify for a loss of consortium claim.
Loss of consortium can also apply to children. This is called filial consortium, and it means the loss of care, affection, and companionship of a parent after a child is seriously injured or dies in an accident.
Who Can Bring a Loss of Consortium Claim?
In Illinois and Iowa, a spouse, parent, or child may bring a loss of consortium and support claim.
There may be exceptions in some states for whether an unmarried partner can bring such a claim. In most cases, you must be married to qualify. Even in states with relaxed the requirement to permit domestic partners to file, courts are reluctant to award damages.
Illinois and Iowa Loss of Consortium
In Illinois and Iowa, both a husband and wife may bring an action for loss of consortium and support.
In the case of a child who suffered injury due to negligence, parents can make a claim for medical expenses. However, parents are only able to make a claim upon the death of the child. This includes loss of reasonable services such as loss of companionship, love, and affection towards the child. It also includes what the child could have earned inside or outside the home.
Illinois specifically separates losses into these two categories: sentimental losses and functional losses.
With loss of consortium, a spouse can claim expenses related to necessary medical care and treatment of their injured spouse. They may also qualify to recover damages for loss of “reasonable services” of their spouse.
This can include services such as household decision making, helping around the house, and helping with children. It can also include loss of sexual relationship and companionship.
Contact VanDerGinst Law for a Free Consultation
Confused by all of this?
Contact VanDerGinst Law and we’ll help you sort it out.
Our team can help you work through the intricacies of loss of consortium and support claims. We offer free consultations and there’s never a fee unless you win.
We have over 30 years of experience in personal injury and focus all efforts on personal injury cases.
Our experienced and knowledgeable legal team will guide you through your case one step at a time.
The insurance companies have a team of lawyers on their side, so it only makes sense that you should too.
Call VanDerGinst Law today for a free case review and consultation.
The information contained on this website is presented by VanDerGinst Law P.C. It is not intended nor should it be construed as professional legal advice. The information is general in nature about the Firm, the scope of services we offer, and our community outreach, it is not legal advice. Please contact us by phone, email, mail, or via this website for inquiries. Contacting us does not create an attorney-client relationship. Please contact a personal injury attorney for a consultation regarding your situation. This website is not intended to solicit clients outside the State of Iowa and/or the State of Illinois.