Posted on Sunday, December 10th, 2023 at 9:00 am
In Utah, anyone who’s been hurt by another party can sue that party for the money they need to restore themselves to the condition they were in before their injury, or as close to it as possible. In some cases, the spouse of the injured person can also sue for a specific kind of harm called loss of consortium, a legal term referring to the company and affection shared by spouses. The spouse of an injured person must include their claim for loss of consortium with the injured person’s lawsuit. If the injured person passes away because of their injuries, the loss of consortium claim can be included in a wrongful death action.
What is Loss of Consortium in Utah?
Loss of consortium is a general term for the way a loved one’s injuries may negatively affect one’s relationship with them. Potential negative effects of an injury that may qualify as loss of consortium include:
- If an injury affects sexual relations or the ability of an injured spouse to engage in sexual activity, their spouse may experience loss of consortium. Loss of enjoyment of sexual activities may also involve loss of the ability to have children on the part of an injured spouse. This may further impact a marital relationship.
- Loss of companionship may occur after an accident if a loved one’s injuries prevent them from actively participating in one’s life the way they once did.
- Financial instability following an accident can put considerable strain on a relationship. The loss of consortium this causes is distinct from any damages for lost wages.
Those are just a few examples. You may have grounds to file a loss of consortium claim if you can show your spouse’s injuries significantly impact your life and relationship.
Who May File Loss of Consortium Claims in Utah?
In some states, various close family members can file loss of consortium claims. Technically, Utah law only indicates a spouse may file a claim for loss of consortium. However, according to the Courthouse News Service, a 2016 ruling now allows parents of an injured minor to file loss of consortium claims in Utah.
Important Information About Filing a Loss of Consortium Claim in Utah
Per Utah law, someone may file a loss of consortium claim if a spouse sustains injuries resulting in:
- Partial or complete paralysis of at least one extremity,
- Substantial disfigurement, or
- Inability to perform work the injured party previously performed.
Here is some other important information about these claims:
- The statute of limitations that applies to the injured party’s claim or lawsuit also applies to a loss of consortium claim.
- A loved one must file their loss of consortium claim with the injured party’s personal injury claim.
- Certain statutory limits may apply to the amount of compensation or damages a person may receive for loss of consortium stemming from medical malpractice.
Utah law also states you may only file a loss of consortium claim if the injured party also has the legal right to file their own claim or lawsuit. If they’re not eligible for compensation, neither are you.
Evidence Needed to Prove Loss of Consortium
You’ll need evidence to prove that your spouse’s injuries have led to your loss of consortium. That evidence can take the following forms:
- Personal testimony – Testimony from yourself and other close loved ones or friends can serve two purposes in a loss of consortium claim. First, it can establish the nature of your relationship with the injured party prior to the injury. Second, it can describe how a loved one’s injury has fundamentally altered the nature of the relationship.
- Medical records – When filing a loss of consortium claim, you’re arguing a loved one’s injuries prevent them from being a part of your life the way they previously had been. Medical records can support your argument by illustrating the severity of an injury.
- Photos and/or video – In some cases, clinical medical language isn’t sufficient to illustrate how impactful a person’s injuries are. Photos or videos depicting the impact of a loved one’s injuries on their abilities might help you further demonstrate the injuries’ effect on your relationship.
Consider keeping a log in which you list the ways a loved one’s injuries result in loss of consortium. Doing so may help you better document your losses.
Contact a Utah Loss of Consortium Attorney Today
Don’t worry if you’re unsure whether you have the right to file a loss of consortium claim in Utah. Our Utah personal injury lawyers at London Harker Injury Law can review your case and explain your legal options in greater detail. If you have the right to file such a claim, we can also help you gather the necessary evidence and pursue your rights on your behalf. Learn more about what we can do for you by contacting us online or calling us at 77CARCRASH for a free case review.
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