When someone you love is severely injured in an accident, you both suffer. Your spouse endures physical pain, medical treatments, and recovery. You experience a different kind of loss: the companionship, intimacy, and partnership you once shared have changed or disappeared entirely.
California law recognizes this harm. Loss of consortium is a separate legal claim that allows the non-injured spouse or registered domestic partner to seek compensation for their damaged relationship due to someone else’s negligence.
LA Century Law has recovered millions for clients with a 99% success rate, handling complex personal injury cases throughout California. While past results don’t guarantee future outcomes, we understand how devastating serious injuries are to families, and we know how to prove these often-overlooked claims. Our offices in San Bernardino, Century City, and Tarzana serve clients throughout Southern California.
Call our experienced San Bernardino personal injury attorneys today for a free consultation if your spouse’s injury has affected your marriage.
What is a loss of consortium claim?
Consortium means the benefits of a marital relationship: love, companionship, comfort, care, assistance, protection, affection, society, moral support, and the enjoyment of sexual relations. When your spouse is seriously injured by someone else’s wrongful conduct, you may lose some or all of these benefits.
California law, established in Rodriguez v. Bethlehem Steel Corp. (1974) 12 Cal. 3d 382, 408, recognizes that spouses have a separate cause of action for loss of consortium. This is not part of your spouse’s personal injury claim; it’s your own claim for your own losses.
The California Civil Jury Instructions (CACI 3920) define loss of consortium as including the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support, plus the loss of enjoyment of sexual relations or the ability to have children.
Who can file a loss of consortium claim in California?
Only spouses and registered domestic partners can file loss of consortium claims in California. You must have been legally married or in a registered domestic partnership at the time of the injury.
California Family Code § 297.5 gives registered domestic partners the same legal rights as married spouses, including the right to bring loss of consortium claims.
Children cannot file loss of consortium claims for injuries to their parents. The California Supreme Court specifically rejected parental consortium claims in Borer v. American Airlines, Inc. (1977) 19 Cal. 3d 441. Unmarried partners, regardless of how long they’ve been together, cannot file these claims either.
Four legal elements you must prove
To win a loss of consortium claim, you must prove four elements under Vanhooser v. Superior Court (2012) 206 Cal.App.4th 921, 927:
A valid marriage or registered domestic partnership existed at the time of injury. You and your spouse must have been legally married or registered when the accident occurred. If the injury happened before you married but symptoms appeared after, you may still have a valid claim.
Your spouse was injured by someone’s wrongful act. This includes injuries caused by negligence, recklessness, or intentional conduct. The injury can be physical or psychological. Severe emotional trauma that prevents normal marital functioning matters as much as physical disability.
You suffered loss of consortium. You must demonstrate how the injury changed your relationship. This is the most personal and difficult part of proving your claim. You may need to testify about intimate details of your marriage, including sexual relations, emotional support, and daily companionship.
The defendant’s wrongful act caused your loss. The connection between the injury and your marital losses must be clear. Defendants sometimes try to blame other factors, such as preexisting marital problems or unrelated life stresses.
Loss of consortium examples
Catastrophic injuries typically produce the strongest loss of consortium claims. Traumatic brain injury, spinal cord damage, or severe burns often change someone’s personality and capabilities permanently. The person you married may no longer be able to provide the same emotional support, physical intimacy, or partnership.
Long-term disabilities significantly affect marriages. If your spouse can no longer work, participate in family activities, or maintain their household role because of someone else’s negligence, you’ve lost their consortium. You may become a full-time caregiver instead of a partner.
Psychological trauma can be just as devastating. Post-traumatic stress disorder, severe depression, or anxiety following an accident can prevent your spouse from engaging emotionally with you. They may withdraw from intimacy, become irritable, or be unable to provide the support and companionship you once shared.
These examples show why serious injuries warrant loss of consortium claims while minor injuries typically don’t.
LA Century Law has recovered millions for clients in complex personal injury cases. While past results don’t guarantee future outcomes, we’re highly regarded in the legal community for handling sensitive claims like loss of consortium with both compassion and aggressive advocacy.
How to calculate loss of consortium damages
No formula exists for calculating these damages. Loss of consortium is a non-economic damage, meaning there’s no objective measure like medical bills or lost wages. Juries evaluate what you’ve lost and assign a dollar value.
Factors that influence damage awards include the severity and permanence of your spouse’s injuries, how long you’ve been married, the strength of your relationship before the accident, specific ways your daily life has changed, whether you’ve become a full-time caregiver, and your age.
Marriage counselors, therapists, or physicians can testify about how the injury affected your relationship. Your own testimony about specific changes matters tremendously. Recent California verdicts show substantial awards in catastrophic injury cases. A Los Angeles jury in 2016 awarded $4 million in loss of consortium damages where a husband’s severe injury dramatically altered a 50-year marriage.
Insurance policy limits can cap recovery regardless of actual damages. If the defendant’s insurance policy has a $100,000 limit and your injured spouse’s claim alone exceeds that amount, very little may remain for your consortium claim after their damages are paid.
Statute of limitations and filing requirements
California Code of Civil Procedure § 335.1 gives you two years from the date of your spouse’s injury to file a loss of consortium lawsuit. This is the same statute of limitations that applies to personal injury cases.
Your loss of consortium claim is separate from your spouse’s personal injury claim. You can file your own lawsuit even if your spouse doesn’t file one, though this is rare. Both claims are usually filed together for efficiency.
Missing the two-year deadline destroys your claim permanently. California courts have no discretion to extend this deadline except in very limited circumstances, such as the injured spouse being a minor or having legal capacity issues.
Don’t wait. Call LA Century Law today to discuss your case. Our offices in San Bernardino, Century City, and Tarzana serve clients throughout Southern California.
Frequently asked questions about loss of consortium in California
Can I file a loss of consortium claim if we weren’t married when the injury occurred?
Generally, no, unless the injury’s effects didn’t manifest until after you married. California courts have held that if the negligent conduct occurred before marriage but the injury or symptoms appeared during the marriage, you may have a valid claim. Each case depends on specific facts.
What if my spouse’s injuries are getting better?
Temporary injuries rarely justify loss of consortium claims. Juries react negatively when spouses seek these damages for minor or short-term injuries. Your claim is strongest when injuries are permanent or long-lasting. If your spouse is expected to fully recover within months, you probably don’t have a viable consortium claim.
Will I have to testify about intimate details of my marriage?
Yes. Proving loss of consortium requires demonstrating how your relationship changed. This often means discussing sexual relations, emotional intimacy, and personal aspects of your marriage you’d prefer to keep private. Your attorney can help you prepare for this difficult testimony and keep it as dignified as possible.
What if my injured spouse lost their case or settled for less than expected?
Your loss of consortium claim is independent, but it depends on proving that the defendant injured your spouse. If your spouse’s case is dismissed because they couldn’t prove the defendant’s fault, your consortium claim also fails. If they settle, you typically must settle your consortium claim simultaneously as part of the same agreement.
How much is my loss of consortium claim worth?
Every case is different, and there’s no standard formula. Awards range from tens of thousands to millions, depending on injury severity, relationship impact, and how well you prove your losses. An experienced attorney can review similar verdicts and settlements to estimate a reasonable value.
Get help from experienced California personal injury attorneys
Loss of consortium claims require sensitive handling and thorough preparation. These are among the most personal injury claims you can file. You need attorneys who understand both the legal complexities and the emotional challenges.
LA Century Law has recovered millions for clients throughout California with a 99% success rate. While past results don’t guarantee future outcomes, we’re highly regarded in the legal community for handling complex personal injury cases that include loss of consortium claims. We represent clients from our offices in San Bernardino, Century City, and Tarzana.
We work on contingency, which means you don’t pay us unless we recover compensation. Your consultation is completely free.
Call us today to discuss your loss of consortium claim. We understand what you’re going through, and we know how to prove these difficult but important cases.
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