What is Loss of Consortium in Utah?
Loss of Consortium occurs when someone close to you is significantly physically injured, and although you are not physically hurt, their injury impacts your relationship. In Utah, this can apply to spouses, domestic partners, and parents of injured children.
Examples in Utah
- Marital Loss of Consortium: If your spouse is severely injured in a Utah car accident, such as losing the ability to engage in marital relations, you may have a claim.
- Parental Loss of Consortium: If your child is severely injured in an accident, like a car collision on I-15, and the relationship between you and your child is impacted, you could file a claim.
- Domestic Partner Claims: In Utah, if a domestic partner is killed in an accident involving a truck or another severe incident, you may have a wrongful death and loss of consortium claim.
- Common Law Marriage Claims: Utah recognizes claims for couples holding themselves out under common law marriage. If one partner is severely injured in an accident, claim can be made.
Common Consortium Issues in Utah
- Marital strain or separation
- Financial hardship due to medical bills from car accidents
- Loss of companionship and inability to engage in activities together
- Sexual relations affected due to injury
- Inability to have children due to reproductive injuries

Elements of Consortium
In Utah, to prove a loss of consortium claim, you must demonstrate:
- You were married or in a domestic/common law marriage at the time of the injury.
- The injury was caused by the defendant’s actions.
- The accident significantly impacted the relationship.
Types of Consortium Claims Recognized in Utah
- Marital Consortium: A non-injured spouse may seek damages when their relationship is impacted.
- Filial/Parental Consortium: Parents can recover damages when their child’s injury affects the parent-child relationship.
- Common Law Marriage/Domestic Partner: The same principles apply as marital consortium but for recognized domestic partnerships.
Utah Statutory Law on Loss of Consortium
The Utah statute (Utah Code Ann. 30-2-11) governs claims under the “Husband and Wife” section of the divorce code. It specifies that for a spouse to claim damages, the injury must be significant and life-altering, such as:
- Partial or complete paralysis
- Significant disfigurement
- Inability to perform previous work functions
Common Utah Accidents That May Lead to Loss of Consortium Claims
- Car accidents (wrongful death claims included)
- Motorcycle accidents
- Premises liability cases
- Dog bites
- Pedestrian, bicycle, and scooter accidents
- Other incidents like explosions, fires, medical malpractice, and product liability
Damages in Loss of Consortium Claims
The compensation is meant to cover the loss or impairment suffered. For example, if a couple who enjoyed ballroom dancing can no longer dance due to one partner’s injury, that would be an aspect of their damages.
How to Prove Loss of Consortium
Proving a claim in Utah requires showing that:
- You have a valid marriage or recognized domestic relationship.
- The defendant caused a statutory qualifying injury.
- Your relationship suffered due to the injury.
- The loss of consortium directly resulted from the injury.
Calculating Loss of Consortium Damages in Utah
There is no exact formula, but factors include:
- Age of the injured and non-injured spouse
- Length and quality of the relationship
- Impact of the injury on the relationship
Statute of Limitations for Loss of Consortium Claims in Utah
The statute of limitations for a claim aligns with the underlying injury claim. For instance, a car accident typically has a 4-year limit, while wrongful death or intentional torts may have shorter limits. It’s essential to consult with an experienced Utah personal injury attorney to understand your case specifics.
Get Legal Help for Loss of Consortium Claims in Utah
If you or a loved one is affected by a significant injury and you are considering a claim, contact Utah Personal Injury Attorney Jake Gunter at (801) 373-6345 for a free consultation.