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:
19 Other Special Clauses:
21 Utah Code Sections Affected:
23 78B-3-107, as last amended by Laws of Utah 2015, Chapter 382
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 [
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 [
32 personal representatives or heirs of the [
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 [
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 [
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 [
41 (c) If the death of the injured [
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 [
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 [
47 request; or
48 (ii) a claim for damages against the wrongdoer or against the uninsured motorist carrier
49 of the injured [
50 persons representing the parties or their insurers.
51 (d) A subsequent claim against an underinsured motorist carrier for which the injured
53 Subsection (1)(c).
57 (2) Under Subsection (1) neither the injured [
58 representatives or heirs of the [
59 competent satisfactory evidence other than the testimony of the injured [
60 (3) This section may not be construed to be retroactive.