Last updated · By Mustafa Bilgic
How a consortium claim is valued
California's civil jury instruction on the claim, CACI No. 3920, tells jurors that no fixed standard exists for deciding the amount. They must use their judgment to decide a reasonable amount based on the evidence and their common sense. Settlement talks draw on the same evidence, so any number you calculate is a starting point for negotiation, not an entitlement.
The calculator gives you two ways to frame that judgment:
- Daily rate (per diem). Choose a dollar value for each day the relationship was affected, then multiply by the days so far plus the days expected in the future. This fits injuries with a clear recovery point.
- Share of the injured spouse's damages. Apply a percentage to the injured spouse's pain and suffering estimate. California's instruction sets no fixed standard for the amount, so treat the percentage as a scenario to test rather than a rule.
Example: $50 a day for 365 days is $18,250. A 20% share of a $60,000 pain and suffering estimate is $12,000. The calculator reports the range, $12,000 to $18,250, and the midpoint, $15,125. A 20% reduction would bring the range to $9,600 to $14,600.
What the claim covers, and what it leaves out
Under CACI No. 3920, jurors compensate the loss of the spouse's companionship and services. The same instruction tells them not to include:
- Loss of financial support from the injured spouse.
- Nursing or other personal care the uninjured spouse provides.
- Earnings the uninjured spouse gave up to provide care.
- The cost of hiring help to replace household work the injured spouse would have done.
Those losses are handled elsewhere. The official notes to the instruction quote the California Supreme Court: the injured spouse can recover the full cost of necessary home nursing in their own claim, and letting the other spouse recover the value of the same care would be a double recovery. If your claim will be filed in another state, ask a local attorney where that state draws these lines.
Who can bring the claim
The notes to CACI No. 3920 list four elements: a valid and lawful marriage at the time of the injury, a tortious injury to the spouse, a loss of consortium suffered by the plaintiff, and a loss caused by the defendant's act. The claim also depends on the injured spouse's case. A California court put it plainly: when the injured spouse has no cause of action in tort, the other spouse has none for loss of consortium. The loss does not need to be complete, though. A partial loss, or diminution, of consortium can be compensated.
Evidence that supports the claim
- Medical records showing how long, and how badly, the injury limited your spouse.
- A diary of changes at home: shared activities you stopped, plans you canceled, care you now give.
- Statements from family and friends who saw the change in your relationship.
- Counseling records, if the strain led either of you to seek help.
Because the claim depends on the main case, it makes sense to value both together. Estimate your spouse's side with the pain and suffering calculator, and read what happens if you are partly at fault before you enter a reduction.
Loss of consortium: frequently asked questions
How is loss of consortium calculated?
No fixed formula exists. California's jury instruction says jurors decide a reasonable amount from the evidence and their common sense. This calculator frames the value two ways, a daily rate or a share of the injured spouse's non-economic damages, as starting points for negotiation.
Do we have to be married to claim loss of consortium?
In California, one element of the claim is a valid and lawful marriage at the time of the injury. Other states set their own rules, so check with a licensed attorney in the state where the claim will be filed.
Does the loss of consortium have to be total?
No. The official notes to California's instruction cite a court holding that a partial loss, or diminution, of consortium is compensable. Evidence of how much changed, and for how long, matters most.
Can I claim for the care I gave my injured spouse?
Not as part of the consortium claim in California. The instruction excludes nursing care the uninjured spouse provides and earnings given up to provide care. The injured spouse can claim the cost of necessary home nursing in their own case.