Loss of Consortium in California.

Overview

Loss of consortium is a derivative cause of action that allows the spouse or registered domestic partner of an injured plaintiff to recover damages for the loss of companionship, affection, comfort, care, assistance, moral support, society, and sexual relations caused by the defendant's tortious conduct. It is an independent cause of action belonging to the non-injured spouse, though it depends on the underlying tort.

Standing: Who May Bring a Consortium Claim

Only legal spouses and registered domestic partners (under Family Code 297.5) may bring a consortium claim. Unmarried cohabitants, fiances, children (Borer v. American Airlines), parents (Baxter v. Superior Court), and siblings do not have standing. In wrongful death cases, a broader class of heirs may recover consortium-like damages under CCP 377.60.

Elements of the Claim

The non-injured spouse must prove: (1) a valid marriage or domestic partnership at the time of injury; (2) a tortious injury to the other spouse; (3) loss of one or more elements of the marital relationship -- companionship, affection, comfort, care, moral support, society, sexual relations; and (4) causation linking the loss to the defendant's conduct.

Damages Valuation

CACI 3920 instructs the jury to consider loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, and enjoyment of sexual relations. No fixed standard exists -- the jury uses judgment and life experience.

The most effective presentations establish a vivid contrast between the marriage before the injury -- activities shared, family traditions, emotional support, quality of intimate life -- and after -- activities lost, caregiver burden, emotional distance, sleep disruption, social isolation.

Procedural Considerations

The consortium claim is subject to the same two-year statute of limitations as the underlying tort (CCP 335.1). Name the non-injured spouse as a separate plaintiff. Be aware that filing opens discovery into the marriage -- marital counseling records, prior difficulties, sexual history, and social media activity.

Specific Injury Contexts

TBI cases often produce the most devastating consortium claims: personality changes, emotional volatility, loss of empathy, memory loss, and the non-injured spouse becoming a full-time caregiver. Spinal cord injury cases involve loss of sexual function, physical inability to share activities, and overwhelming caregiver burden. Chronic pain affects mood, sleep, activity, and intimacy throughout the relationship.

Defense Strategies and Responses

Defense will argue the marriage was already troubled (counter: even imperfect marriages suffer additional harm), the spouse is exaggerating (counter: prepare for surveillance and social media scrutiny), and sexual dysfunction lacks medical proof (counter: testimony about changes in function is admissible). Comparative fault attributed to the injured spouse reduces consortium proportionally.

Settlement Considerations

Consortium claims typically settle for 10-30% of the injured spouse's recovery. Allocate the settlement between spouses -- liens typically attach only to the injured spouse's portion. Both are tax-free as personal injury recoveries.

Cross-References

• Non-Economic Damages — overlapping quality-of-life damages
• Proving Damages — evidence strategies for consortium
• Economic Damages — household services as economic analog
• Wrongful Death — consortium in death cases
• Pure Comparative Fault — comparative fault reduction
• Statute of Limitations — two-year deadline

Common Questions

Sources & Citations