On June 26, 2015, the United States Supreme Court ruled that same-sex couples may exercise the fundamental right to marry in all states. And it held there is no lawful basis for a State to refuse to recognize a lawful same-sex marriage performed in another State on the ground of its same-sex character. In Arizona, same-sex marriage has been legal since 2014. An auto accident attorney or auto accident victim should wonder whether those rulings impact car accident and other personal injury claims in any way. The answer is yes.
Spouses may bring a claim for the loss of consortium that may add value to personal injury claims, including those personal injury claims that arise from auto accidents. Consortium basically consists of love, affection, protection, support, services, companionship, care, society, and, in the marital relationship, the physical relationship. Because same-sex marriages are legal in Arizona – and in all States, a spouse in same-sex marriages may bring a claim for the loss of consortium of a spouse that has been injured in an auto accident and has been less available because of his or her injuries.
Attorney Randal Hutson is an experienced accident attorney proudly serving all of Metro Phoenix, including Phoenix, Peoria, Surprise, Sun City, Glendale, Anthem, Carefree, Cave Creek, Scottsdale and surrounding areas.