Justice Starts Here

Premier Personal Injury & Wrongful Death Attorneys

Free Consultations | Se Habla Español
Rapoport, Weisberg & Sims P.C.

Can I recover financial damages if my spouse was injured?

If your husband or wife suffered a severe, debilitating or disabling injury, you will probably lose certain marital benefits that you've enjoyed since the onset of your marriage. Some of those benefits are readily apparent, like if your spouse regularly cooked your dinners and performed other household chores. Other benefits may not be apparent, like the loss of society and companionship.

In legal terms, when a spouse is injured - and the non-injured spouse suffers the loss of marital benefits - lawyers refer to it as the loss of consortium. An uninjured spouse can incorporate his or her loss of consortium claims into the injured spouse's personal injury claims in many cases.

What does loss of consortium mean exactly?

The term "consort" traditionally referred to an individual's husband or wife. To consort with someone means that you are associating with that person. As such, loss of consortium means that you have lost specific benefits derived from your association with another person.

When claiming loss of consortium, the plaintiff must try to quantify - or assign a monetary value - to abstract concepts such as friendship, affection and companionship. Nevertheless, the pain and hardship associated with loss of consortium are real, and courts will recognize the validity of such claims in many circumstances.

What do courts look at when considering loss of consortium?

Monetary damages awarded for loss of consortium may relate to: the loss of sexual relations, the loss of love and the loss of more quantifiable spousal services like assistance with household chores, cooking, laundry, childcare, home maintenance, cleaning and more.

During the valuation process, courts will consider various factors like the stability of one's marriage, life expectancies of the spouses and the extent to which various marital benefits were lost. As for the extent of the losses, we can look at a couple of examples. A husband who needs to be in crutches for a couple weeks doesn't represent a significant loss of consortium, and such a claim would probably fail. On the other hand, a husband who is in a long-term coma, would represent an extensive loss of consortium.

Get legal help with your loss of consortium claim

Every loss of consortium claim is different. Sometimes, spouses may be able to include such a claim in a personal injury lawsuit, and sometimes they cannot. Therefore, it's important to discuss the possibility with your personal injury lawyer in detail before you decide to incorporate a loss of consortium claim into a civil lawsuit.

No Comments

Leave a comment
Comment Information

Recent Jury Verdicts &

$6.4 Million Settlement Medical Malpractice

More Verdicts & Settlements
  • National board of trial academy
  • ABPLA | American Board of Professional Liability Attorneys
  • AV preeminent | Peer rated for highest level of professional excellence 2018
  • The best lawyer in America
  • Super Lawyers
  • America's top 100 high stakes litigators
  • The national trial lawyers top 100 trial lawyers
  • Avvo Rating 10.0 Superb Top rated personal injury
  • American association for justice president's club
  • American association for justice Leaders forum
  • ACBCA American College of Board Certified Attorneys
  • B Injury Board
  • Recommended by peers for leading lawyers network the top lawyers
  • Best lawyers Best Law Firms | U.S.News | 2019
  • The national trial lawyers top 40 under 40
  • The national trial lawyers top 10

*AV®, AV Preeminent®, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell® is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell® Peer Review Ratings™ fall into two categories — legal ability and general ethical standards.

**Board certification is not required to practice law in Illinois, and the Illinois Supreme Court does not recognize specialties in the practice of law.

What Our Clients Say

  • Just wanted to take a moment to say thank you. I know a lot of hard work, by all of you, went into the preparation of this case and we wanted you to know that it is greatly appreciated. We worried about many things during that period, but one thing we didn't worry about was our attorneys. What a fine team you make! You guys are great! Read More
  • I wanted to touch base with everyone again to express my thanks to everyone involved in the USAir 1016 case for the way the case was handled and the way you treated myself and my family. While I realize that there are other law firms that could have tried the case, I don't believe they could have matched the caring you showed us... Read More
  • How do we thank you for doing such a tremendous job with the lawsuit against Freeport Memorial Hospital?...The day that check arrived I was so nervous, in fact I was a wreck until we had it safely invested. I am not thanking you just as our attorney, but as a very good friend...Read More
  • We would like to take this opportunity to express our heartfelt thanks for the supportive service that you have given our family during the past three years. While we wish that we would not have found ourselves in a situation requiring your services, we are grateful for the sensitive way...Read More
Email Us For a Response

Have Questions? We Have Answers.

Tell us about your case and we’ll get back to you with a FREE case evaluation.

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Premier Personal Injury & Wrongful Death Attorneys

Call 877-216-4213 or Email Us For A Free Initial Consultation

 Rapoport Weisberg & Sims P.C. Review Us

Office Location

20 North Clark Street
Suite 3500
Chicago, IL 60602

Toll Free: 877-216-4213
Phone: 312-445-9160
Chicago Law Office Map

Contact Information