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UT HB0328
Bill
Status
Passed
3/27/2019
Primary Sponsor
Steve Waldrip
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AI Summary
- Repeals the $100,000 cap on general damages that could be awarded when an injured individual dies from a cause unrelated to the personal injury action before judgment or settlement
- Preserves the right of personal representatives or heirs to pursue both special and general damages against the wrongdoer for injuries that occurred prior to the individual's unrelated death
- Limits claims to special damages only if the unrelated death occurs more than six months after the injury-causing incident, unless written notice was provided to the wrongdoer or ongoing negotiations were underway before death
- Amends Utah Code Section 78B-3-107, governing survival of personal injury actions, with technical changes replacing "person" and "party" with "individual" throughout
- Applies prospectively only and may not be construed as retroactive
Legislative Description
General Damages Amendments
Motor Vehicle Insurance
Last Action
Governor Signed in Lieutenant Governor's office for filing
3/27/2019
Committee Referrals
Judiciary, Law Enforcement, and Criminal Justice3/1/2019
Rules2/28/2019
Judiciary2/20/2019
Rules2/13/2019
Full Bill Text
No bill text available