H.B. 118

1

PERSONAL INJURY DAMAGES AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kay L. McIff
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions related to a cause of action for personal injury damages.
10 Highlighted Provisions:
11 This bill:
12 . provides for a limit of $100,000 in general damages collected in personal injury
13 cases related to a wrongful act or negligence;
14 . requires notice be mailed to or served upon a person or party believed to be at fault
15 for personal injury; and
16 . exempts an uninsured motorist from general damage awards over $100,000 under
17 certain circumstances.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 78B-3-107 , as last amended by Laws of Utah 2009, Chapter 293
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 78B-3-107 is amended to read:

28 78B-3-107. Survival of action for injury or death to person, upon death of
29 wrongdoer or injured person -- Exception and restriction to out-of-pocket expenses.
30 (1) (a) A cause of action arising out of personal injury to a person, or death caused by
31 the wrongful act or negligence of another, does not abate upon the death of the wrongdoer or
32 the injured person. The injured person, or the personal representatives or heirs of the person
33 who died, has a cause of action against the wrongdoer or the personal representatives of the
34 wrongdoer for special and general damages, subject to Subsection (1)(b).
35 (b) If, prior to judgment or settlement, the injured person dies as a result of a cause
36 other than the injury received as a result of the wrongful act or negligence of the wrongdoer,
37 the personal representatives or heirs of the person have a cause of action against the wrongdoer
38 or personal representatives of the wrongdoer for special and general damages[, and general].
39 General damages may not [to] exceed $100,000[, which resulted from the injury caused by the
40 wrongdoer and which occurred prior to death of the injured party from the unrelated cause].
41 (c) If the death of the injured party from an unrelated cause occurs more than six
42 months after the incident giving rise to the claim for damages, the claim shall be limited to
43 special damages unless, prior to the [expiration of the six months,] injured party's death:
44 (i) written notice of intent to hold the wrongdoer responsible has been [given or]
45 mailed to or served upon the person or entity believed to be at fault or the person's or entity's
46 insurance carrier or uninsured motorist carrier of the injured party; or
47 (ii) a claim for damages against the person or entity believed to be at fault is the subject
48 of ongoing negotiations between the parties or persons representing the parties or their insurers.
49 (d) A subsequent claim against an underinsured motorist carrier for which the injured
50 party was a covered person is not subject to the notice requirement described in Subsection
51 (1)(c). In no event shall the general damage award exceed $100,000 regardless of available
52 liability or underinsured automobile insurance.
53 (2) Under Subsection (1) neither the injured person nor the personal representatives or
54 heirs of the person who dies may recover judgment except upon competent satisfactory
55 evidence other than the testimony of the injured person.
56 (3) This section may not be construed to be retroactive.

Legislative Review Note
as of 2-6-14 4:39 PM

Office of Legislative Research and General Counsel