78B-3-107. Survival of action for injury or death to individual, upon death of wrongdoer or injured individual — Exception and restriction to out-of-pocket expenses.
| (1) |
| (a) |
A cause of action arising out of personal injury to an individual, or death caused by the wrongful act or negligence of a wrongdoer, does not abate upon the death of the wrongdoer or the injured individual. The injured individual, or the personal representatives or heirs of the individual who died, has a cause of action against the wrongdoer or the personal representatives of the wrongdoer for special and general damages, subject to Subsection (1)(b). |
| (b) |
If, prior to judgment or settlement, the injured individual dies as a result of a cause other than the injury received as a result of the wrongful act or negligence of the wrongdoer, the personal representatives or heirs of the individual have a cause of action against the wrongdoer or personal representatives of the wrongdoer for special and general damages which resulted from the injury caused by the wrongdoer and which occurred prior to death of the injured individual from the unrelated cause. |
| (c) |
If the death of the injured individual from an unrelated cause occurs more than six months after the incident giving rise to the claim for damages, the claim shall be limited to special damages unless, prior to the injured individual’s death:
| (i) |
written notice of intent to hold the wrongdoer responsible has been mailed to or served upon the wrongdoer or the wrongdoer’s insurance carrier or the uninsured motorist carrier of the injured individual, and proof of mailing or service can be produced upon request; or |
| (ii) |
a claim for damages against the wrongdoer or against the uninsured motorist carrier of the injured individual is the subject of ongoing negotiations between the parties or persons representing the parties or their insurers. |
|
| (d) |
A subsequent claim against an underinsured motorist carrier for which the injured individual was a covered person is not subject to the notice requirement described in Subsection (1)(c). |
|
| (2) |
Under Subsection (1) neither the injured individual nor the personal representatives or heirs of the individual who dies may recover judgment except upon competent satisfactory evidence other than the testimony of the injured individual. |
| (3) |
This section may not be construed to be retroactive. |
