WI · jury_instructions

Wis JI-Civil 1870

Death of Spouse: Surviving Spouse's Loss of Society and Companionship

activein force · 2019-01-01 – presentas-observed

Question asks you to determine (spouse)'s loss of society and companionship

resulting from the death of (deceased spouse).

Society and companionship includes the love, affection, care, and protection

(spouse) would have received from (deceased spouse) had (he) (she) continued to live. It

does not include the loss of monetary support or the grief and mental suffering caused by

the spouse's death.

In determining (spouse)s' loss of society and companionship, you should consider

the age of (deceased spouse) and the age of (surviving spouse); the past relationship

between the spouses; the love, affection, and conduct of each toward the other; the

society and companionship that had been given to (surviving spouse) by (deceased

spouse); and the personality, disposition, and character of (deceased spouse). The

amount inserted by you should reasonably compensate spouse for any loss of society and

companionship (she) (he) has sustained since the death of (deceased spouse) and the

amount you are reasonably certain (she) (he) will sustain in the future.

Although the law provides that a party cannot recover more than ($350,000)

($500,000) for the loss of a spouse's society and companionship, this dollar limit is not a

measure of damage; it is a limit on recovery. Therefore, you should determine the

amount that you believe will reasonably compensate (spouse) for any loss of society

and companionship.

History

Wis JI-Civil 1870 (2019). ©2019, Regents, Univ. of Wis. Prepared by the Wisconsin Civil Jury Instructions Committee of the Wisconsin Judicial Conference with the University of Wisconsin Law School; posted by the Wisconsin State Law Library with the University's permission.

Provenance

Source: wilawlibrary.gov
Retrieved: 2026-09-24
Edition: 2026-09-24
Content hash: dad8df56698316956e8c79ff2f774760e874eb2c9ea8788b1f44c3bfefd8d2da

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