Utah Loss of Consortium Claims: When a Spouse Can Sue and What the Law Limits
General information, not legal advice. Read the full disclaimer.
Short answer: Utah lets the spouse of a person injured by a third party sue for loss of consortium, but only when the injury is a "significant permanent injury that substantially changes that person's lifestyle." Under Utah Code § 81-3-111, that includes partial or complete paralysis of one or more extremities, significant disfigurement, or incapability of performing the types of jobs the person performed before the injury. The spouse's claim is derivative (it exists only if the injured person has a claim), must be made at the same time as the injured person's claim with compulsory joinder, and is subject to the same defenses, limits, and immunities — including the same statute of limitations.
Who this guide is for
Spouses of seriously injured Utahns who want to know whether they have their own claim for the loss of companionship, support, and relationship caused by the injury.
What counts as a qualifying injury
The statute defines "injury" narrowly: a significant permanent injury that substantially changes the person's lifestyle, including:
- partial or complete paralysis of one or more extremities;
- significant disfigurement; or
- incapability of the person of performing the types of jobs the person performed before the injury.
A temporary or minor injury, however painful, doesn't support a consortium claim under the statute. The list is introduced with "includes," so other significant permanent, lifestyle-changing injuries may qualify depending on the facts.
Who can bring it
The spouse of the injured person — defined as the legal relationship recognized by Utah law and existing at the time of the injury — may bring an action against the third party who caused the injury, for injuries on or after May 4, 1997. (The statute's definition of "spouse" is worded in terms of a relationship between a man and a woman; its application to current marriage law is a question to raise with an attorney.)
Timing and procedure
- The claim begins on the date of the injury to the spouse and the injured person's statute of limitations also applies to the spouse's claim (§ 81-3-111(4)). See Utah Personal Injury Statute of Limitations.
- The spouse's claim must be made at the time the injured person's claim is made, and joinder of the actions is compulsory (§ 81-3-111(5)(a)). Don't plan to file it later separately.
- It's subject to the same defenses, limitations, immunities, and provisions as the injured person's claim (§ 81-3-111(5)(b)).
It's derivative
The consortium claim is derivative: it exists only if the injured spouse has a cause of action. If the injured person's claim fails, is barred, or is released in a way that bars it, the spouse's claim generally falls with it (§ 81-3-111(6)).
Fault applies to both spouses
The fault of the spouse, as well as the fault of the injured person, is compared with the fault of all other parties under Utah's Liability Reform Act for purposes of reducing or barring recovery (§ 81-3-111(7)). See Utah's Several-Liability Rule.
Damage limits
- Shared caps. Consortium damages, combined with the injured person's general damages, can't exceed any applicable statutory limit on noneconomic damages, including the malpractice cap in § 78B-3-410 (§ 81-3-111(8)). See Utah Medical Malpractice Damages Cap, Offsets, and Fee Limit.
- Government defendants. Consortium damages a governmental entity must pay, combined with the injured person's award, can't exceed the liability limit for one person in one occurrence under the Governmental Immunity Act (§ 81-3-111(9)). See Utah Governmental Immunity Act Claims.
Evidence
- Medical records documenting the permanent injury and its effect on daily life and work.
- Vocational evidence showing inability to perform prior work.
- Photos for disfigurement.
- Testimony from the spouse, family, and friends about changes in the relationship and household.
Frequently asked questions
Can I claim loss of consortium for any injury to my spouse?
No. Utah's statute is limited to significant permanent injuries that substantially change the person's lifestyle, such as paralysis, significant disfigurement, or inability to do the same kind of work.
Do I file a separate lawsuit?
No. The consortium claim must be made when the injured person's claim is made, and joinder is compulsory.
How long do I have?
The same statute of limitations as the injured person's claim.
What if my spouse's claim is barred?
Your claim is derivative and may not exist where the injured person wouldn't have a cause of action.