Plaintiffs in personal injury and wrongful death cases can be compensated for loss of consortium, a type of non-economic damage that tries to account for the impact an injury or death had on a spousal relationship. It is a noneconomic damage, which tries to compensate people for the physical and emotional distress they experience as the result of someone else’s negligence. Loss of consortium is typically sought in cases involving a fatality, or permanent disability like paralysis where physical affection and service are no longer possible.
Merriam-Webster defines “consortium” as: the legal right of one spouse to the company, affection, and assistance of and to sexual relations with the other
While no amount of money can truly compensate you for the loss of spousal affection, you can make a financial recovery for loss of consortium in order to get some sense of justice. If one spouse is injured, the other spouse’s loss of consortium claim is included in the injured spouse’s personal injury claim.
Both 735 ILCS 5/2-1115.2 and Missouri Revised Statute §538.205 include loss of consortium in their definitions of noneconomic damages. In Novak v. Kansas City Transit, Inc., 365 S.W.2d 539 (Mo. 1963) and Schrock v. Shoemaker, 159 Ill. 2d 533 (1994), Missouri and Illinois courts determined that loss of consortium claims can be made for:
It can also incorporate the grief of seeing your spouse suffer and making lifestyle changes to accommodate the spouse’s needs. In order to prove loss of consortium damages, your lawyer will take depositions from both spouses and possibly get to know other members of your family, in order to develop a clear picture of how your marriage has changed because of the injuries.
It is essential to have an experienced and aggressive lawyer by your side when making a loss of consortium claim. It is possible to win a personal injury case, but lose the loss of consortium claim; your attorney’s argument to the court and/or jury will have to be meticulous and heartfelt.
Client Reviews
Year of 2023 
This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!
7 months ago I am very happy with the staff at Burger Law. I mostly worked with Michael Sheldon, and he did an amazing job. I trusted him completely with my case, and he did not disappoint. I would definitely recommend this team if your ever in need of good attorneys.
3 months ago Burger Law Firm is fantastic. Laura and Genevieve were so amazing and helpful throughout the entire process. They helped me with my personal injury case every step of the way and succeeded at getting me the results I desired.
a year ago We had a great experience with Burger Law for representing us after a serious car accident. Truly impressed by how professional and supportive the entire team is. And, many thanks to Genavieve and Laura – you are amazing!
a year ago They did an amazing job on my case! Communication with them was great!!! Kept me informed and in the loop with everything that was going on!!! Will definitely be the 1st ones I’ll call if ever I’m in another accident!!! Thank you very much!!!
5 months ago Let me tell you something about Burger Law.. they are so attentive and kind. Jennifer is my savior!! I love the whole team!!! They are truly a miracle team!! I appreciate their business and would recommend it to others.
2 months ago Absolutely the best law firm in the St. Louis area. No matter the size of your case you are treated as if you are the only client on the roster. Will explain anything thoroughly and they work around your availability. Very impressed and appreciative of the service.
11 months ago Gary and Casey took great care of me for 2.5 years as my lawsuit was finally settled. I feel he helped me achieve justice for me and my 4 children after their father died from medical malpractice and neglect. Thanks to Gary, my kids now have a great start to their college and adult lives. Thank you Gary and Casey, for fighting for us so hard at our most trying and difficult time in our lives thus far. Love and God bless from my family to yours!
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