Setareh Law
March 4, 2026
A serious accident doesn’t just injure the person involved, it can quietly dismantle the life a couple has built together, eroding companionship, affection, and intimacy in ways that no hospital bill will ever capture. When someone’s spouse is catastrophically hurt due to another party’s negligence, the ripple effects inside a marriage can be profound and lasting, and California law recognizes that those losses deserve compensation.
At Setareh Law, we understand the full scope of what families lose when a loved one is seriously injured. With over $250 million recovered for clients and 60+ years of combined experience, our attorneys are well-versed in all aspects of wrongful death and personal injury claims, including the often-overlooked loss of consortium damages that can significantly increase the value of a case.
What Is a Loss of Consortium Claim?
Loss of consortium is a legal claim brought by the spouse or registered domestic partner of someone who was seriously injured or killed due to another party’s negligence. As defined by the Cornell Law School Legal Information Institute, loss of consortium refers to the loss or impairment of the intangible benefits of a relationship, including companionship, comfort, affection, and sexual relations. In California, this claim is governed by California Civil Code Section 1431.2 and California Civil Jury Instruction 3920.
Who Can File This Type of Claim in California?
California law is specific about who qualifies to bring a loss of consortium claim. Only a spouse or registered domestic partner of the injured person may file. Unmarried partners, even those in long-term committed relationships, are not eligible under current California law. Additionally, parents cannot bring a loss of consortium claim in California when a child is injured, which sets the state apart from some others. The marriage must have been valid and in effect at the time of the accident for the claim to proceed.
What Losses Are Covered?
CACI Instruction 3920 instructs juries to consider two primary categories of loss when evaluating a consortium claim. The first encompasses love, companionship, comfort, care, assistance, protection, affection, society, and moral support. The second addresses the loss of the enjoyment of sexual relations or the ability to have children. Notably, financial losses such as lost wages or medical costs are not included in a consortium claim. These are compensated through the injured spouse’s own personal injury claim, while the consortium claim addresses purely relational and emotional harm.
What Types of Accidents Give Rise to These Claims?
Loss of consortium claims arise most frequently in cases involving severe, life-altering injuries. Minor injuries rarely meet the threshold needed to demonstrate a meaningful disruption to the marital relationship. Catastrophic cases involving brain injuries, spinal cord injuries, paralysis, and permanent disabilities are among the most common scenarios where consortium damages become a significant part of the overall claim. Car accidents, truck accidents, workplace accidents, and premises liability incidents can all form the basis for this type of claim if the resulting injuries are severe enough to demonstrably harm the marriage.
What Damages Can Be Recovered?
Because loss of consortium is a form of non-economic damages, there is no fixed formula for calculating the award. Juries are instructed to apply their judgment and common sense based on the evidence presented. Several factors influence how a jury will evaluate these damages:
- Severity of the injury: more catastrophic injuries that permanently impair the injured spouse’s ability to provide companionship or engage in physical intimacy tend to produce higher awards
- Length of the marriage: longer relationships may reflect deeper interdependence and greater loss
- Life expectancy: if the injured spouse’s prognosis significantly reduces their life expectancy, the future losses become more substantial
- Role in the family: a spouse who served as a primary caregiver, emotional anchor, or active life partner leaves a greater void when those contributions are taken away
Awards in consortium cases can range widely, and working with an experienced attorney is essential to presenting this evidence persuasively to a jury or in settlement negotiations.
How a Loss of Consortium Claim Is Filed in California
A loss of consortium claim is what California courts call a derivative claim. It cannot stand on its own and must be brought alongside the injured spouse’s primary personal injury claim.
This means the non-injured spouse files as a co-plaintiff, pursuing their separate damages while the injured spouse pursues theirs. If the primary personal injury claim fails, the consortium claim fails with it. Timing is critical. The statute of limitations for personal injury claims in California is generally two years from the date of the accident, and the consortium claim must be filed within the same timeframe.
Contact Setareh Law for Help With Your Personal Injury Case
If your spouse has been seriously injured due to someone else’s negligence, the financial and emotional toll on your family deserves to be fully represented in your legal claim. Setareh Law has a track record of results across the full spectrum of personal injury cases, and our firm results reflect our commitment to fighting for every dollar our clients deserve. We offer bilingual services, take all cases on contingency, and serve clients across eight California office locations.
To learn more about who we are and how we approach loss of consortium and personal injury cases, visit our firm profile or contact us today for a free consultation. Setareh Law is ready to stand by your family and pursue the full compensation you are owed.
