US-CaliforniaCan I recover loss of consortium damages if my spouse is injured?
Yes, in California, you may recover loss of consortium damages if your spouse is injured due to someone else’s negligence or wrongful act.
What the Law Says
California law recognizes loss of consortium as a distinct, compensable injury suffered by the non-injured spouse when the other spouse is harmed by a third party’s wrongful conduct.
Loss of consortium refers to the loss of companionship, affection, comfort, society, sexual relations, and domestic services resulting from a spouse’s injury. It is a 'derivative' claim — meaning it depends on the injured spouse’s underlying personal injury claim succeeding.
To recover, the injured spouse must have a valid cause of action (e.g., based on negligence, intentional tort, or strict liability), and the non-injured spouse must prove the injury caused measurable loss in the marital relationship. There is no statutory cap on these damages in California.
The claim must be filed within the same statute of limitations as the injured spouse’s claim — generally three years from the date of injury for negligence-based personal injury claims under Code of Civil Procedure section 335.1.
Statutory TextIn any action for personal injury, the spouse of the person injured may maintain an action for loss of consortium.
— Civil Code, § 43.2 — Loss of consortium
What Courts Have Said
California courts have consistently upheld loss of consortium as a legitimate, independently actionable harm rooted in the marital relationship.
The court held that loss of consortium is a compensable element of damage for the non-injured spouse, recognizing its intangible but real impact on marital life.
The court declined to extend loss of consortium to children or parents, reaffirming it as a right limited to spouses under Civil Code section 43.2.
What to Do
Confirm your spouse has a viable personal injury claim against a responsible party.
File your loss of consortium claim alongside or in coordination with your spouse’s lawsuit — it cannot proceed independently.
Gather evidence showing changes in your marital relationship after the injury (e.g., testimony, medical records, counseling notes).
File before the statute of limitations expires — generally within 3 years of the injury date.
Consult a California personal injury attorney experienced in derivative claims to preserve rights and maximize recovery.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.