When a loved one dies in a car accident, families face devastating emotional and financial challenges. While nothing can replace the loss of life, California law recognizes that surviving spouses and domestic partners suffer their own profound injuries. Loss of consortium claims provide a path to compensation for these intangible but very real losses.
What Is Loss of Consortium in California?
“Loss of consortium” is the decline of spousal companionship as suffered by the spouse of an injured or deceased person. In California, loss of consortium specifically refers to:
- The loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support, AND
- The loss of enjoyment of intimate relations or the capacity to have children.
This legal concept acknowledges that when someone is seriously injured or killed, their spouse or domestic partner suffers meaningful losses that deserve compensation.
In fatal car accident cases, loss of consortium becomes part of a wrongful death claim. The surviving spouse or domestic partner can seek damages for the profound impact on their life and relationship.
Eligibility to File Wrongful Death Claims in California
California Code of Civil Procedure 377.60 specifies who has the legal right to file a wrongful death lawsuit after a car accident:
Primary Eligible Parties
- Spouse or domestic partner: The deceased’s legally recognized partner holds the primary right to file the wrongful death claim. The spouse or registered partner is also the only party who can include a claim for loss of consortium in California.
- Children: This encompasses both biological and adopted children. However, while they can file for wrongful death, they cannot claim for loss of consortium in California.
- Grandchildren: When the deceased person's child has also died, that child’s children may file. Grandchildren also do not have legal standing to claim for loss of consortium.
- Putative spouse: This covers situations where a surviving spouse reasonably believed the marriage was valid despite it being void or voidable.
Secondary Eligible Parties
- Other close relatives: When the deceased has no surviving children, parents, or spouse, other close relatives may qualify to pursue a wrongful death claim. However, these other family members cannot seek loss of consortium damages.
Eligibility for Loss of Consortium Claims
While various parties may file a wrongful death claim, only spouses or registered domestic partners are eligible to file loss of consortium claims. Unmarried partners living together and romantic partners who are not legally married cannot seek consortium compensation. This strict requirement reflects California's approach to limiting these claims to legally recognized relationships.
California recognizes both marriage and registered domestic partnerships for loss of consortium purposes. In California, domestic partnerships operate as functional equivalents to civil unions available in other states and grant identical rights to marriage in these legal matters.
California's Legal Framework for Loss of Consortium
California Civil Jury Instructions (CACI) 3920 establishes the legal requirements for loss of consortium claims. To succeed in a lawsuit and obtain these damages, you must establish by a preponderance of the evidence these four key elements:
- Your spouse or partner sustained harm due to another party's negligence, recklessness, defective product, or other wrongful conduct
- You and the harmed individual were legally married or in a valid registered domestic partnership when the injury occurred
- You experienced the deprivation of your spouse's or partner's consortium, AND
- This deprivation resulted from the defendant's wrongful conduct.
Types of Compensation in Loss of Consortium Claims
Loss of consortium damages fall under non-economic damages, meaning they compensate for intangible losses rather than financial expenses. Compensable damages in loss of consortium cases are primarily non-economic in nature. They aim to address the intangible losses suffered by the claimant, including:
- Loss of companionship: Compensation for the diminished ability to enjoy the company, society, and emotional support of the injured spouse or family member
- Emotional distress: Damages for the emotional suffering and mental anguish experienced by the uninjured spouse or family member as a result of the harm inflicted on their loved one
- Loss of intimacy: Compensation for the impact on the marital relationship, including the loss of sexual relations and intimacy.
What Loss of Consortium Claims Cannot Cover
It's important to understand what loss of consortium claims do not include. According to CACI 3920, a loss of consortium award does not allow you to recover compensation for:
- Financial support losses: Financial support lost due to your spouse's work incapacity
- Personal care services: Personal care services (such as nursing or caregiving) you must provide to your injured spouse
- Lost income from caregiving: Income lost if you quit your job to care for your spouse
- Household service costs: Expenses for hiring domestic household services your spouse previously handled.
These financial losses are typically recovered through the main wrongful death claim rather than the loss of consortium claim.
Determining Loss of Consortium Damages
Concerning compensation amounts for loss of consortium, CACI 3920 provides: "No established standard exists for determining these damage amounts. You must apply your judgment to decide a fair amount based on the evidence and your common sense."
This means each case is unique, and the value depends on factors such as:
- The length and quality of the marriage or domestic partnership
- The age of the surviving spouse
- The nature of the relationship before the accident
- The specific ways the death has impacted the survivor's life
- The deceased person's role in the relationship and family.
Wrongful Death Settlement Context
Loss of consortium claims are typically part of larger wrongful death settlements. Examining data from more than 956 wrongful death cases spanning from 2019 to 2024, California's average wrongful death settlement reaches about $973,054. The median California wrongful death settlement stands at roughly $294,728, which more accurately reflects what most Californians might anticipate.
Settlement amounts for wrongful death claims in California range widely from $100,000 to over $10,000,000. The amounts vary depending on many factors such as the deceased person's earning capacity, the loss to surviving family members, and the circumstances surrounding the accident.
How California's Comparative Fault System Affects Claims
California operates under a comparative fault system that can impact loss of consortium claims. This means that if your deceased spouse was partly at fault in or contributed to the accident, you may still recover damages, though the amount will be reduced proportionally.
For instance, imagine a wrongful death case where the surviving spouse's claim includes $10,000 in loss of consortium damages. If the deceased spouse had 40 percent responsibility for the accident, the claim gets reduced by $4,000. Consequently, the loss of consortium damages are reduced to $6,000.
Navigating the Legal Process for Loss of Consortium Claims in California
Statutory Deadlines and Filing Procedures
California Code of Civil Procedure section 335.1 typically allows two years to file a lawsuit. This statute of limitations applies to both wrongful death and loss of consortium claims arising from car accidents.
Evidence and Documentation
Proving a loss of consortium claim requires demonstrating the impact of the loss on your life and relationship. Based on your specific situation, your attorney might consult with a physician, psychologist, marriage therapist, or other experts to address questions like: What impact has your spouse's injury had on your daily marital relationship? In what ways has your spouse's injury affected your overall life quality?
Working With Experienced Legal Representation
Loss of consortium claims require careful legal analysis and presentation. Many people lack understanding of loss of consortium claims. An experienced personal injury attorney has the needed familiarity with the law and knows the requirements for a loss of consortium claim.
With your lawyer, you can effectively present your case and work to optimize your settlement, regardless of how insurance companies attempt to apply an "objective" formula instead of recognizing reality.
An experienced wrongful death attorney can help you:
- Properly document the impact of your loss
- Work with experts to value your claim
- Navigate California's complex wrongful death laws
- Negotiate with insurance companies
- Present compelling evidence to support your case.
Fatal Car Accident Statistics in California
The scope of fatal car accidents in California underscores why loss of consortium claims matter. In 2024, California had more than 3,000 car accident fatalities, an alarming figure that ranks the state second nationwide for traffic-related fatalities, trailing only Texas.
Based on California's latest available data, a total of 164,123 traffic collisions in the state resulted in injuries or deaths in 2024. These collisions claimed 3,376 lives.
These statistics represent thousands of families dealing with sudden, tragic loss. Each fatal accident potentially creates a loss of consortium claim for surviving spouses and domestic partners.
Leading Causes of Fatal Car Accidents
Learning about frequent causes helps prevent tragedies and establish fault in wrongful death cases. Understanding these factors can help families identify liability in fatal accident cases:
- Distracted driving: This persists as the primary cause of traffic deaths in California. Distractions include texting, phone calls, and other attention-diverting activities.
- Speeding: Excessive speed reduces reaction time and increases crash severity.
- Driving under the influence (DUI): Alcohol- and drug-impaired driving contribute to a significant portion of deadly crashes annually. About 25% of traffic fatalities in California in 2024 involved alcohol.
- Traffic law violations: Common examples are ignoring red lights, disregarding stop signs, making dangerous lane changes, and other reckless driving behaviors.
Moving Forward After Tragic Loss
While no amount of money can restore your loved one or fully compensate for your loss, loss of consortium claims recognize the profound impact on surviving spouses and domestic partners. These claims acknowledge that your suffering and loss deserve legal recognition and compensation.
If you've lost a spouse or domestic partner in a fatal car accident, you don't have to navigate this difficult time alone. Understanding your legal rights, including potential loss of consortium claims, can help you secure the compensation you need to begin rebuilding your life.
Get the Legal Support Your Family Deserves
If you've lost a spouse or domestic partner in a fatal car accident, you shouldn't face this difficult time alone. The emotional pain of losing your loved one is overwhelming enough without having to navigate complex legal procedures and fight with insurance companies. For legal help, contact Barrios & Machado Personal Injury & Accident Lawyers.
For over 15 years now, families in Orange County and nearby areas have trusted the Barrios & Machado law firm when seeking justice for their loved one’s death. Our firm has won over $15 million and counting for our clients, using our aggressive approach in representation. At the same time, we treat every client with family-like consideration, knowing that this is a difficult time in their lives.
You deserve compensation for your loss. Loss of consortium claims acknowledge that your suffering is real and legally significant. While no amount of money can bring back your loved one, financial compensation can help you:
- Cover immediate expenses and financial hardships
- Secure your family's future stability
- Focus on healing rather than financial stress
- Hold negligent parties accountable for their actions.
Time is critical. California's two-year statute of limitations means you must act quickly to protect your legal rights. Every day that passes is another day closer to losing your right to seek justice.
Don't let insurance companies minimize your loss. Insurance companies often try to downplay loss of consortium claims or offer inadequate settlements. You need experienced legal representation to ensure your claim receives the full value it deserves.
Contact a qualified California wrongful death attorney today from Barrios & Machado. We provide a free consultation. And with our contingency fee system, you pay us nothing unless we win your case. Call us now at (714) 515-9696. We’re ready to provide the legal guidance, representation, and support you need.
