Loss of consortium
A spouse's own claim for what your injury did to the marriage.
It belongs to your husband or wife, not to you, and it is separate from your claim rather than part of it. This is general information, not legal advice.
What it means
The claim covers the loss of companionship, affection, society and sexual relations that follows a serious injury to a spouse, and the added burden of care that often comes with it.
Because it is a separate claim, it is brought by the spouse and can be settled or lost separately. It also means an insurer evaluating the case is evaluating two claims against the same coverage.
It is not available to every relationship, and it depends on a serious injury rather than an inconvenient one. This site does not put a number on it, and neither should anyone else before the facts are known.
Where this is dealt with properly
This entry is the short answer. These pages own the subject.
Common questions
- Can my partner bring this claim if we are not married?
- The claim is tied to marriage and registered domestic partnership rather than to living together. Whether a particular relationship qualifies is a legal question worth asking early.
Start a case review call
On a case review call, I go through the facts with you: what happened, when, whether you were hurt, whether anyone represents you, and how to reach you. It is not legal advice, and I will not put a value on your claim.
Sources: Rodriguez v. Bethlehem Steel Corp. (1974) 12 Cal.3d 382 (the decision that created the claim in California, overruling the earlier rule that a married person whose spouse was negligently injured had no cause of action for loss of consortium); CACI No. 3920, Judicial Council of California Civil Jury Instructions (2026 edition) (Loss of Consortium (Noneconomic Damage) — Judicial Council of California Civil Jury Instructions (2026 edition)). CACI references after the first use the short form.