Making an Injury Claim for Loss of Consortium in Illinois

When a serious injury changes the fabric of a marriage, the consequences extend beyond medical bills and lost wages. Loss of consortium is the legal way Illinois recognizes and compensates a spouse (and in some circumstances other close family members) for the deprivation of the benefits of a marital relationship: companionship, guidance, affection, household services, and sexual relations that result from another person’s negligence or wrongful act. In this blog, we explain what loss of consortium means in Illinois, when and how a claim is brought, what types of evidence matter, and practical steps you should take to protect a claim.

What is Loss of Consortium in Illinois?

Loss of consortium is a derivative claim: it flows from an injured person’s underlying cause of action (for example, a car crash injury or a medical-negligence injury). In Illinois the spouse of an injured person may assert a claim for loss of consortium to recover non-economic damages tied to the spouse’s loss of society, companionship, support, and marital services. Courts describe loss of consortium as including “support, society, companionship, and sexual relations,” and the right to recover arises only if the injured spouse has an independent cause of action against the defendant.

How the Law Treats Loss of Consortium

Two important points of law in Illinois govern consortium claims:

Statute of limitations alignment. Illinois statute ties the time to bring a loss-of-consortium action to the same limitation period that governs the injured spouse’s action. That means you generally must file the derivative claim within the same time frame as the primary personal-injury claim.
Derivative nature and scope. Illinois appellate and supreme court decisions have long recognized that consortium damages compensate the spouse for the loss of the intangible benefits of the marital relationship (often described as “loss of society” or “loss of services”). Case law also explains that consortium damages are distinct from other pecuniary losses and subject to proof and limitations of the underlying claim.

When Can a Spouse Bring a Loss of Consortium Claim?

A spouse can bring a claim for loss of consortium when:

The injured spouse has a valid, actionable personal-injury claim against a defendant (e.g., motor vehicle negligence, premises liability, medical malpractice). A consortium claim cannot stand alone, it requires the injured spouse’s cause of action.
The injury has meaningfully altered the injured person’s ability to provide companionship, household services, guidance, or sexual relations with the spouse.
The derivative claim is filed within the same statutory time limits that govern the injured spouse’s action.

What Must be Proven in an Illinois Loss of Consortium Claim?

Because consortium damages are non-economic and personal, courts require persuasive evidence. Typical elements and proof strategies include:

Existence of a valid underlying claim. Demonstrate the injured spouse’s actionable claim (negligence, breach of duty, causation, and damages).
Change in the marital relationship. Show how the injury has reduced companionship, sexual relations, household services, or emotional support. Testimony from the spouse, the injured party, family members, and close friends can be important.
Causation and degree. Connect the change in marital life directly to the defendant’s negligent act that caused the injury. Medical records, treatment notes, and objective evidence of the injured spouse’s disability help corroborate the claim.
Damages quantification. While non-economic damages are inherently subjective, courts and juries look for consistent testimony about pre-injury marital life and post-injury limitations, and may rely on expert testimony about prognosis in long-term injuries.

Evidence That Strengthens a Loss of Consortium Claim

Because consortium claims depend heavily on testimony about intimacy, daily life, and emotional support, carefully collected and preserved evidence matters:

Detailed spouse testimony describing the nature of the marriage before the injury and how it has changed since.
Medical records and physician testimony showing the severity of injuries, prognosis, and limitations.
Photographs or video that illustrate lifestyle changes (for example, inability to participate in previously shared activities).
Witness statements from family members or close friends confirming changes in daily responsibilities and companionship.
Documentation of household service losses (receipts for home help, bills for paid services replacing spousal assistance).
Expert testimony in severe or contested cases (rehabilitation specialists, vocational experts, or psychologists).

Practical Steps to Protect a Consortium Claim After an Injury

If you believe a loved one’s injuries may give rise to loss of consortium damages, take these practical steps early:

Get medical care and make sure all injuries and functional limitations are documented in the record.
Keep a contemporaneous journal or diary (where comfortable) documenting day-to-day changes in companionship, household contributions, and emotional support.
Preserve evidence of the injury’s impact, such as photos, videos, receipts for paid household help, and witness contact information.
Avoid public posts that discuss marital intimacies or speculate about the claim, as social-media statements can be used by defense counsel.
Consult an experienced Naperville personal injury attorney early to preserve claims, understand deadlines, and coordinate expert evidence.
Discuss privacy concerns candidly with your lawyer; sensitive testimony about marital life can be handled confidentially and presented carefully in litigation.

How Loss of Consortium Interacts With Comparative Fault and Other Defenses

Illinois follows a comparative-fault system: if a plaintiff (or the injured spouse) is found partially at fault, damages may be reduced proportionately. Because consortium is derivative of the injured spouse’s claim, comparative fault applied to the injured party can reduce or defeat the spouse’s derivative recovery. It’s essential to understand how fault allocation in the main injury action affects any consortium award.

Typical Jury Considerations and Award Patterns for Loss of Consortium Claims

Because loss of consortium is non-economic, juries evaluate its value by considering the quality of the marital relationship before and after the injury, the duration and permanence of the loss, and the credibility of testimony. Illinois pattern jury instructions and practice guides explain how to instruct juries on these non-economic elements. Award patterns vary widely: small injuries with transient effects will produce modest awards, while catastrophic, long-term injuries that eliminate key aspects of the marital relationship can justify substantial consortium damages.

Frequently Asked Questions about Loss of Consortium Claims

Q: Who can bring a loss-of-consortium claim in Illinois?
A: Most commonly, a spouse of the injured person brings a consortium claim as a derivative of the injured spouse’s personal injury action. In wrongful death contexts, surviving family members have separate statutory rights under the Illinois Wrongful Death Act.

Q: Is loss of consortium the same as loss of services?
A: They overlap but are not identical. “Loss of consortium” is broadly the loss of society, companionship, affection, sexual relations, and guidance; “loss of material services” (household help, child care, domestic labor) is a related pecuniary element that courts sometimes address separately depending on the facts and whether death or injury is at issue.

Q: How much money will a consortium claim get me?
A: There is no formulaic answer. Consortium damages are non-economic and depend on facts — the nature of the marriage, the severity and permanence of the injury, testimonial evidence, and the jury’s assessment. That said, substantial, permanent losses of intimacy and household function typically lead to larger awards than transient or minor impairments. Expert testimony and careful evidence collection improve predictability.

Q: Can a consortium claim be pursued if the injured spouse’s claim settled?
A: Yes, but settlements and prior recoveries affect consortium claims. Courts examine whether the injured spouse’s settlement already compensated for the spouse’s loss of support or services to avoid double recovery. Early coordination with counsel is important to protect derivative claims. Case law addresses how settlements and offsets are handled in practice.

Q: How long do I have to file a consortium claim?
A: The statute ties the time to sue for consortium to the same limitations governing the injured spouse’s action. That means you must comply with the same filing deadline that applies to the primary personal injury claim.

Contact the Top-Rated Naperville Personal Injury Lawyers at John J. Malm & Associates

A serious injury doesn’t just change the injured person’s life, it reshapes the daily companionship, support, and intimacy a spouse expects from a marriage. Recovering fair compensation for loss of consortium requires careful legal work: preserving medical evidence, documenting intimate and household losses, and explaining sensitive facts to a jury in a way that protects privacy while proving the depth of the loss. At John J. Malm & Associates, we handle these complex, deeply personal claims for Illinois families. Our attorneys know how to coordinate medical experts, gather persuasive testimony, and present loss of consortium claims thoughtfully and effectively so that juries and insurers see the real impact on you and your family.

If a loved one’s injury has taken away the companionship, care, or marital support you once had, contact John J. Malm & Associates today for a confidential, no-obligation consultation. We will evaluate your case, explain your rights under Illinois law, take immediate steps to preserve evidence, and fight to recover the compensation your family needs to move forward. Call our office and let our team put decades of experience to work for you.