What is Loss of Consortium in Provo, Utah?

Understanding Loss of Consortium

Loss of consortium occurs when a serious injury to a loved one causes significant harm to the marital or familial relationship. It often includes:

  • Loss of companionship
  • Loss of emotional support
  • Impact on intimacy
  • Loss of household contributions or care

In Provo, Utah, loss of consortium is recognized both as a common law cause of action and under statutory law.

Who Can Claim Loss of Consortium?

In Utah, loss of consortium claims are generally reserved for:

  1. Spouses: Legal, common law, or same-sex marriages.
  2. Parents of Minor Children: Parents can seek compensation when their child is seriously injured.

Common Law Loss of Filial Consortium

In the case Benda v. Catholic Diocese of Salt Lake City (2016 UT 37), the Utah Supreme Court unanimously upheld that parents can claim loss of consortium for injuries suffered by their minor children. This ruling clarified parental rights under common law when a child’s injury disrupts the parent-child relationship.

Statutory Loss of Consortium

Under Utah Code 30-2-11 (2021), loss of consortium claims apply exclusively to spouses.

What Qualifies as an Injury Under the Statute?

The statute defines “injury” as a significant permanent injury that substantially changes a person’s lifestyle, including:

  1. Partial or Complete Paralysis of limbs
  2. Significant Disfigurement
  3. Inability to Perform Previous Jobs

Who Qualifies as a Spouse?

While the statute’s wording refers to marriages “between a man and a woman,” Utah law now recognizes:

  • Legal Marriages: Traditional marriages.
  • Common Law Marriages: Informal but legally recognized unions.
  • Same-Sex Marriages: Protected under current legal interpretations despite outdated language in the statute.

Examples of Car Accident-Caused Loss of Consortium in Utah

Example 1: Facial Paralysis from a Car Accident

Your spouse is driving alone on I-15 near Nephi City when she is rear-ended, causing facial paralysis. While your spouse has her own claim for medical damages and personal injury, you as her partner can file a loss of consortium claim for:

  • Loss of companionship and emotional connection
  • Impact on intimacy and marital duties

Example 2: Leg Paralysis and Job Loss in a Common Law Marriage

You are driving near Lehi, Utah, and suffer leg paralysis after being rear-ended. This injury impacts your ability to work in construction and complete household duties. Even if you were in a common law marriage or a same-sex marriage, your spouse has a valid claim under Utah’s statutory loss of consortium law.

How to Claim Loss of Consortium in Your Provo, UT Case

Filing an Insurance Claim

Your loss of consortium claim is typically filed alongside your injured spouse’s personal injury claim. You must demonstrate:

  • The severity of the injury
  • How the injury has disrupted your relationship

Filing a Lawsuit for Loss of Consortium

If settlement negotiations fail, your attorney will file a lawsuit against the at-fault party. At this point:

  • The defendant’s insurance company steps in to defend the case.
  • Litigation proceeds, allowing for discovery, depositions, and court motions.

Jury Decision on Compensation

If the case goes to trial, a jury will decide how much compensation is fair. They consider factors like:

  • The duration and severity of the injury
  • The impact on emotional and physical intimacy
  • Loss of household services and support

Why You Need a Provo, UT Loss of Consortium Attorney

Legal Complexities of Consortium Claims

Loss of consortium claims are challenging because they require:

  • Proof of emotional, physical, and practical harm to a relationship
  • Skilled legal arguments to counter insurance company defenses

How Attorney Jake Gunter Can Help

With over 20 years of trial experience, Jake Gunter understands the intricacies of loss of consortium claims. He provides:

  • Personalized Representation: Tailored to your family’s unique circumstances.
  • Trial Expertise: Ensures your case is prepared for litigation if settlement fails.

Contact Jake Gunter Today: Call/Text (801) 373-6345 for a free consultation. Ask for Jake.

FAQs About Loss of Consortium in Provo, Utah

Q1: What is loss of consortium?
A: Loss of consortium refers to the loss of companionship, intimacy, and support caused by a loved one’s serious injury.

Q2: Who can file a loss of consortium claim in Utah?
A: Spouses (legal, common law, or same-sex) and parents of minor children can file such claims.

Q3: How do I prove loss of consortium?
A: You must show how the injury has disrupted the relationship through medical evidence, witness statements, and expert testimony.

Q4: Can I file a claim for loss of consortium if I’m in a common law marriage?
A: Yes, Utah law allows common law spouses to file loss of consortium claims.

Q5: What compensation can I recover in a loss of consortium claim?
A: Compensation may include loss of companionship, emotional support, household services, and intimacy.

Q6: Do I need an attorney for a loss of consortium claim?
A: Yes, an experienced attorney like Jake Gunter can help you prove the claim and fight for fair compensation.