Conn. Civ. Jury Instr. 3.4-3

Under the law, when a married person is injured, two actions arise: one belongs to the injured

person for the injuries suffered directly by (him/her) as a result of the defendant’s conduct, and

the other belongs to the injured person’s spouse for damages (he/she) has suffered as a result of

the loss of the household services performed by the injured person and the loss of the intangible

benefits of the parties’ marital relationship. The latter spouse’s claim is known as “loss of

consortium.”

In this case, <insert name of consortium spouse> has made a claim for loss of consortium. A

loss of consortium claim is derivative of the injured spouse’s claim. This means that <insert

name of consortium spouse> can prevail on (his/her) claim only if you first find in favor of

<insert name of injured spouse/decedent’s estate> on (his/her/its) claim(s) against the defendant.

If you do not find in favor of <insert name of injured spouse/decedent’s estate> on (his/her/its)

claim(s), you must also render a verdict in favor of the defendant on <insert name of consortium

spouse>’s loss of consortium claim. If, however, you do find in favor of <insert name of injured

spouse/decedent’s estate> on (his/her/its) claim(s), you may go on to consider <insert name of

consortium spouse>’s loss of consortium claim.

The range of potential loss of consortium damages is not easily catalogued or defined. The

damages may include the value of the loss of intangible or sentimental aspects of the marriage

such as companionship, affection, society, emotional and moral support, intimacy, sexual

relations, and similar matters of value arising from a marriage. The damages may also include

the value of the loss of tangible aspects of a marriage, such as the household services that <insert

name of injured spouse/decedent> once performed for <insert name of consortium spouse> but is

no longer able to perform due to (his/her) injury, as well as any new services that <insert name of

consortium spouse> must perform that, prior to (his/her) spouse’s injury, (he/she) was not

required to perform.

<Insert name of injured spouse/decedent> and <insert name of consortium spouse> were married

to each other at time of <insert name of injured spouse/decedent>’s (injury/death). If you find

the defendant liable for the injuries suffered by <insert name of injured spouse/decedent>, then

you may award damages to <insert name of consortium spouse> if you further find that the

defendant’s actions caused the loss of consortium that I just described to you.

Loss of consortium damages, by their very nature, defy any precise mathematical computation.

They may include future as well as past suffering of the consortium spouse and are measured by

the extent of the loss incurred, to the extent that money can measure it. If you find in favor of

<insert name of consortium spouse> on (his/her) loss of consortium claim, in determining an

appropriate award of damages you should use the same good judgment you applied in awarding

damages to <insert name of injured spouse/decedent’s estate>, while taking into consideration

the nature of the household services and other marital benefits lost by <insert name of

consortium spouse> and all the circumstances of the case.

[<Insert if a permanent loss of consortium is claimed:> You should also consider the period of

time during which <insert name of consortium spouse> and <insert name of injured

spouse/decedent> probably (would have/will) continue(d) to live together as a married couple,

enjoying each other’s companionship, society and support, if the injury to <insert name of

injured spouse/decedent> had not occurred. In making any award for a permanent loss, you

must take into account the life expectancies of both spouses and base any award on the shorter

life expectancy.]