What Loss of Consortium Claims Cover
Loss of consortium claims let the spouse or registered domestic partner of a seriously injured person recover for harm to the relationship itself. That harm can include lost companionship, affection, comfort, help around the home and sexual relations. The claim belongs to the uninjured spouse, though it depends on the injured spouse’s case. So both partners usually move forward together, and the proof centers on how daily married life changed.
Where the Rule Comes From
The California Supreme Court recognized a spouse’s right to this claim in Rodriguez v. Bethlehem Steel in 1974. Since then, the Judicial Council has included it in the standard civil jury instructions. CACI 3920 describes the losses a jury may consider, and the instructions are on the California Courts site.
The instruction does not set a formula. Instead, jurors decide a reasonable amount based on the evidence. Also, the claim covers noneconomic loss, so it sits apart from medical bills and lost wages.
Who Qualifies for Loss of Consortium Claims
Generally, the claimant must have been the injured person’s spouse or registered domestic partner at the time of the injury. The California Supreme Court declined to extend the claim to unmarried cohabitants in Elden v. Sheldon. So couples who married after the accident usually cannot bring it for that injury.
Children and parents generally cannot bring a consortium claim for a nonfatal injury to a family member in California. However, a death raises different rules under the wrongful death statute. For those, see California wrongful death eligibility.
The Injury Must Be Serious
Consortium claims usually follow serious injuries. A brain injury that changes personality, a spinal injury that limits mobility or a long recovery that ends shared activities are common examples. Minor injuries that heal in weeks rarely support much of a claim, though the facts decide.
The injured spouse’s claim must also succeed in some form. If the defendant is not liable for the injury, the consortium claim usually fails with it. Then shared fault can reduce both claims. For how that works, see California comparative negligence.
What Changes in a Marriage
Every marriage is different, so the proof should be specific. One couple may have lost evening walks and weekend trips. Another may have lost the injured spouse’s help with child care, cooking or home repairs. Still another may face strain from mood changes after a head injury.
- Shared activities that stopped
- Household tasks the uninjured spouse took over
- Changes in intimacy and affection
- New caregiving duties
- Strain from pain, mood or memory changes
Concrete examples carry weight. So write down dates, events and routines that changed. A short weekly note is enough, and it helps both spouses recall details months later at a deposition.
Evidence in Loss of Consortium Claims
Testimony from both spouses usually forms the core. Friends, relatives and neighbors can add what they saw before and after the injury. For example, a close friend may describe how the couple used to host dinners and stopped after the accident.
Photos and videos from before the injury also help. Then counseling records, if the couple sought therapy, can show strain on the relationship. Keep in mind that the other side may obtain those records in a lawsuit.
How Insurers View Loss of Consortium Claims
Insurers often treat the consortium claim as secondary to the injury claim. Some make a single offer that covers both spouses without stating how they split it. So ask how much of any offer applies to each claim.
Insurers may also look for signs of strain before the accident, such as a prior separation. That history does not bar the claim. However, it can affect the value, since the claim measures the change the injury caused. Honest testimony about the marriage, including its rough patches, usually holds up better than a picture that seems too perfect.
Policy limits matter here too. When limits are low, both spouses share the same pool of money, and that can shape settlement talks.
Privacy Concerns
These claims can involve personal questions, including questions about intimacy. Depositions may cover the marriage in detail. Some couples decide the claim is worth that intrusion, while others do not. So talk through those concerns with a lawyer before filing, because the claim can open private topics to discovery.
Caregiving and Household Help
A spouse who becomes a caregiver often gives up work hours or personal time. That change affects the marriage, and it may also bear on future care costs in the injured spouse’s claim. Keep a log of caregiving hours, tasks and missed work. Also save receipts for paid help, such as cleaning or child care, that you needed because of the injury.
Timing and Deadlines
The consortium claim usually follows the same filing deadline as the injury claim. Still, individual facts can change timing, especially when a public agency caused the harm. For general timing, see California injury filing deadline. Settlements also need care, since a release signed by one spouse may not cover the other’s claim unless both sign.
This article is general information, not legal advice. Laws change and every situation is different.