The state of Illinois recognizes the difficulties that can arise when a loved one suffers a major injury or death following a dog bite attack. If your spouse has suffered an injury that brings significant damage to your marital relationship, you may be able to make a claim against the negligent party or parties for loss of consortium provided the dog bite attack meets the parameters of the Illinois Dog Bite Statute 510 ILCS 5/16.
Law 510 ILCS 5/16 states:
“If a dog or other animal, without provocation, attacks, attempts to attack, or injures any person who is peaceably conducting himself or herself in any place where he or she may lawfully be, the owner of such dog or other animal is liable in civil damages to such person for the full amount of the injury proximately caused thereby.”
This means that to prove that the owner of a dog, or other animals, that has bitten is liable for the bite, the injured party must prove three things:
- The dog or other animal attempted to attack, attacked, or injured the victim.
- The victim had the legal right to be in the place where the attack occurred.
- The dog or other animal was not in any way provoked into attacking.
If you or a loved one has been injured in a dog bite attack, we at America’s Consumer Lawyer are here for you every step of the way to ensure that your rights are protected and you are fully compensated for your injuries and losses, and this includes working on your behalf to ensure a favorable settlement.
What is Loss of Consortium?
Loss of consortium is an umbrella term that covers a variety of losses. Loss of consortium damages compensates the injured party’s spouse for not only the loss of income, but also for the loss of companionship, affection, care, and intimacy.
Illinois breaks loss of consortium damages down into two categories, sentimental (loss of affection and intimacy) and functional (loss of marital services like childcare or home care).
Loss of consortium is typically only allowed to be claimed by married spouses. In Illinois, the parents, siblings, and children of those injured can also claim damages under loss of society and damages. This allows for those that are not the spouse of the injured party to be compensated for the loss of companionship, guidance, love, and affection.
Proving Loss of Consortium
Loss of consortium damages is intangible damages, meaning they are difficult to assign a monetary value to. There are no concrete methods for determining these damages, but generally, the courts will consider a variety of factors, including:
- Was the marriage stable and loving?
- What were the living arrangements?
- What services did the spouse provide to the household?
- How has the injured party changed in temperament and disposition?
- How has the intimate relationship changed?
For loss of consortium to be considered, the injured party and/or the spouse will be required to provide evidence of their losses, which is usually from testimony given to a court. This can be difficult and embarrassing, especially when tasked with revealing intimate details of their relationship. America’s Consumer Lawyer understands this can be a difficult topic. We can discuss your options confidentially and help prepare your responses should you decide to pursue loss of consortium in your personal injury case.
We at America’s Consumer Lawyer are proud to serve our fellow citizens in personal injury cases, including when you or a loved one has been injured in a dog bite attack, and we are fully committed to protecting your rights and ensuring that the other party is held legally accountable when negligence occurs. We will fight until the very end to ensure that you are fully compensated for all injuries and losses resulting from the accident, such as medical expenses, lost wages, and pain and suffering, and you won’t owe us a dime for our services.
We see you as a person, not just a client – and that makes us better at what we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at America’s Consumer Lawyer, we put People, First.
Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at michael@agrusslawfirm.com or schedule a meeting with us here. We’re here 24/7.
