In a situation where your spouse is injured or killed because of nursing home abuse or neglect, you may be entitled to bring a claim for the loss of your spouse’s services that occurred as a result of their injury or death. The amount of recovery depends upon the personal nature of your relationship with your spouse, but can provide for the more emotional aspects of your loss.
Under Illinois law, a husband or wife can recover for loss of consortium because of a spouse’s injury or death. Loss of consortium claims are a derivative claim to the direct injury and cannot stand on their own. The recovery allowed under these claims can include loss of sexual relations, affection, guidance, happiness, and companionship.
In order to recover under a loss of consortium claim, the following elements must be established: the defendant must be liable for the spouse’s injury, the injured spouse and the claimant must be married, and there must exist proof of damages.
The statute of limitations for loss of consortium claims (735 ILCS 5/13-203) must be brought within the same time period allowed for the damages action for the injury. If the statute of limitations for the injury is extended, then the time to bring the loss of consortium claim can also be extended so they coincide. Any damages awarded for loss of consortium terminate upon remarriage.
A loss of consortium claim is an additional avenue to seek compensation and justice for the faults committed by the nursing home or care facility that was entrusted with the care of your loved one.
McClain v. Owens-Corning (7th Cir. 1998)
735 ILCS 5/13-203
Nursing Home Injury Laws