3920. Loss of Consortium (Noneconomic Damage)

[Name of plaintiff] claims that [he/she] has been harmed by the injury to [his/her] [husband/wife]. If you decide that [name of injured spouse] has proved [his/her] claim against [name of defendant], you also must decide how much money, if any, will reasonably compensate [name of plaintiff] for loss of [his/her] [husband/wife]’s companionship and services, including:
     1. The loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support; and
     2. The loss of the enjoyment of sexual relations [or the ability to have children].

[[Name of plaintiff] may recover for harm [he/she] proves [he/she] has suffered to date and for harm [he/she] is reasonably certain to suffer in the future.

For future harm, determine the amount in current dollars paid at the time of judgment that will compensate [name of plaintiff] for that harm. This amount of noneconomic damages should not be further reduced to present cash value because that reduction should only be performed with respect to economic damages.]

No fixed standard exists for deciding the amount of these damages. You must use your judgment to decide a reasonable amount based on the evidence and your common sense.

Do not include in your award any compensation for the following:
     1. The loss of financial support from [name of injured spouse];
     2. Personal services, such as nursing, that [name of plaintiff] has provided or will provide to [name of injured spouse];
     3. Any loss of earnings that [name of plaintiff] has suffered by giving up employment to take care of [name of injured spouse]; or
     4. The cost of obtaining domestic household services to replace services that would have been performed by [name of injured spouse].

CACI are the approved jury instructions from the Judicial Council of California. Jury instructions are read to the jury by the judge and establish the law the jury must follow in deciding the case. A partner of Cheong, Denove, Rowell, Bennett & Hapuarachy  has been formally recognized as one of the attorneys who assisted the task force in the preparation of these jury instructions.


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