Loss of Marital Consortium in a Utah Personal Injury Case
Personal Injury Lawyers – Salcido Law Firm
Generally speaking, in Utah, a claim for loss of consortium may be brought by a person when his or her spouse is injured by negligent wrongdoer and those injuries affect their marital relationship and cause the person to suffer damages such as a loss of the spouse’s services, companionship, care, and intimate sexual relations.
Basically, a claim for a loss of consortium recognizes that when a person is injured by the negligent or intentional act of another, the injury may have an effect that goes beyond the loss sustained by the injured person and that extends to the spouse and the relationship of the parties. Many people don’t realize that as the spouse of an injured victim, they may have their own claim for loss that they are entitled to reasonable compensation for.
Elements of Loss of Consortium
Generally speaking, in order to be successful on a claim for loss of consortium, the spouse must prove that: (1) he or she was married to the injured party at the time of the injury; (2) a tortuous act by the defendant cause the spouse’s injury; and (3) there was some impairment or loss of some benefit of the marriage relationship as a result of the spouse’s injury.
Related Actions by a Spouse
In addition to recovery for loss of consortium, the wife or husband of an injured person may be able to seek recovery for various related losses resulting from the same set of facts that caused injury to his or her spouse. For example, it may be possible to seek recovery for mental anguish or the infliction of emotional distress.
Damages and compensation may also be sought for economic loss resulting from the injury to the spouse, and, where the injury was fatal, the spouse or other family member may be able to seek recovery for wrongful death.
Free Consultation with Utah Personal Injury Attorney
If your spouse has obtained an injury as the result of another’s negligence, you may be entitled to reasonable compensation for your marital loss of consortium. We have helped many clients find justice in their loss of consortium or wrongful death actions. These types of claims must be brought within certain time limits. As such, you should not hesitate in contacting a Utah personal injury attorney at our law firm. A lawyer at Salcido Law Firm can take your call 24/7. Call us now at 801.413.1753.