1     
GENERAL DAMAGES AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Steve Waldrip

5     
Senate Sponsor: Scott D. Sandall

6     

7     LONG TITLE
8     General Description:
9          This bill repeals the limit on the amount of damages recoverable in certain personal
10     injury actions.
11     Highlighted Provisions:
12          This bill:
13          ▸     repeals the limit on the amount of damages recoverable in a personal injury action
14     when the injured individual dies from a cause unrelated to the action before
15     judgment or settlement; and
16          ▸     makes technical and conforming changes.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          78B-3-107, as last amended by Laws of Utah 2015, Chapter 382
24     

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 78B-3-107 is amended to read:
27          78B-3-107. Survival of action for injury or death to individual, upon death of
28     wrongdoer or injured individual -- Exception and restriction to out-of-pocket expenses.
29          (1) (a) A cause of action arising out of personal injury to [a person] an individual, or
30     death caused by the wrongful act or negligence of a wrongdoer, does not abate upon the death
31     of the wrongdoer or the injured [person] individual. The injured [person] individual, or the
32     personal representatives or heirs of the [person] individual who died, has a cause of action
33     against the wrongdoer or the personal representatives of the wrongdoer for special and general
34     damages, subject to Subsection (1)(b).
35          (b) If, prior to judgment or settlement, the injured [person] individual dies as a result of
36     a cause other than the injury received as a result of the wrongful act or negligence of the
37     wrongdoer, the personal representatives or heirs of the [person] individual have a cause of
38     action against the wrongdoer or personal representatives of the wrongdoer for special and
39     general damages which resulted from the injury caused by the wrongdoer and which occurred
40     prior to death of the injured [party] individual from the unrelated cause.
41          (c) If the death of the injured [party] individual from an unrelated cause occurs more
42     than six months after the incident giving rise to the claim for damages, the claim shall be
43     limited to special damages unless, prior to the injured [party's] individual's death:
44          (i) written notice of intent to hold the wrongdoer responsible has been mailed to or
45     served upon the wrongdoer or the wrongdoer's insurance carrier or the uninsured motorist
46     carrier of the injured [party] individual, and proof of mailing or service can be produced upon
47     request; or
48          (ii) a claim for damages against the wrongdoer or against the uninsured motorist carrier
49     of the injured [party] individual is the subject of ongoing negotiations between the parties or
50     persons representing the parties or their insurers.
51          (d) A subsequent claim against an underinsured motorist carrier for which the injured
52     [party] individual was a covered person is not subject to the notice requirement described in
53     Subsection (1)(c).
54          [(e) In no event shall an award of general damages available under the circumstances
55     described in Subsection (1)(b) or (1)(c) against any wrongdoer or any insurer exceed $100,000
56     regardless of available liability, uninsured or underinsured motor vehicle coverage.]
57          (2) Under Subsection (1) neither the injured [person] individual nor the personal
58     representatives or heirs of the [person] individual who dies may recover judgment except upon
59     competent satisfactory evidence other than the testimony of the injured [person] individual.
60          (3) This section may not be construed to be retroactive.