78B-3-107 - Survival of action for injury to person or death upon death of wrongdoer or injured person -- Exception and restriction to out-of-pocket expenses.
78B-3-107. Survival of action for injury to person or death upon death of wrongdoeror injured person -- Exception and restriction to out-of-pocket expenses.
(1) (a) A cause of action arising out of personal injury to a person, or death caused by thewrongful act or negligence of another, does not abate upon the death of the wrongdoer or the injuredperson. The injured person, or the personal representatives or heirs of the person who died, has acause of action against the wrongdoer or the personal representatives of the wrongdoer for special andgeneral damages, subject to Subsection (1)(b).
(b) If, prior to judgment or settlement, the injured person dies as a result of a cause other thanthe injury received as a result of the wrongful act or negligence of the wrongdoer, the personalrepresentatives or heirs of the person have a cause of action against the wrongdoer or personalrepresentatives of the wrongdoer for special damages, and general damages not to exceed $100,000,which resulted from the injury caused by the wrongdoer and which occurred prior to death of theinjured party from the unrelated cause.
(c) If the death of the injured party from an unrelated cause occurs more than six months afterthe incident giving rise to the claim for damages, the claim shall be limited to special damages unless,prior to the expiration of the six months, written notice of intent to hold the wrongdoer responsible hasbeen given or is the subject of ongoing negotiations between the parties or persons representing theparties or their insurers.
(2) Under Subsection (1) neither the injured person nor the personal representatives or heirs ofthe person who dies may recover judgment except upon competent satisfactory evidence other than thetestimony of the injured person.
(3) This section may not be construed to be retroactive.
Amended by Chapter 293, 2009 General Session