Wis JI-Civil 1815

"Consortium" involves the love and affection, the companionship and society, the

privileges of sexual relations, the comfort, aid, advice and solace, the rendering of material

services, the right of support, and any other elements that normally arise in a close, intimate,

and harmonious marriage relationship. A wrongful invasion, impairment, or deprivation of

any of these rights, resulting from a disabling injury to a spouse, is a legal loss and a basis for

damages to the other spouse harmed or deprived.

In answering this question, you should consider the nature, the form, and quality of the

relationship that existed between (the spouses) up to the time of the injury. Based on that

relationship, determine what sum will represent fair and reasonable compensation for any

loss of consortium that was sustained by the deprived spouse as a result of the injury.

If you find that the loss will continue in the future, include in your answer damages for

the period you are convinced it will continue to exist.

Compensation for loss of consortium, except as it relates to material services, is not

measured by any rule of market value. Instead, it is measured on the basis of what you find is

fair and reasonable compensation for the loss sustained by the deprived spouse.

Compensation for material services is to be measured by what it would reasonably cost in the

market for like services.

So as not to duplicate damages, do not include in your answer any allowance for loss

of earnings or loss of earning capacity of the injured spouse. Those damages are dealt with in

another question.