Utah Wrongful Death vs. Survival Actions: What Heirs and Estates Can Claim
General information, not legal advice. Read the full disclaimer.
Short answer: Utah law recognizes two related claims when someone dies. A wrongful death claim (Utah Code § 78B-3-106) lets the person's heirs or personal representative sue for damages when the death was caused by the wrongful act or neglect of another, and it must be filed within two years (§ 78B-2-304). A survival action (§ 78B-3-107) keeps the injured person's own personal injury claim alive after the injured person or the wrongdoer dies: the cause of action "does not abate," and the injured person's personal representatives or heirs can pursue special and general damages — with limits when the person dies from an unrelated cause.
Who this guide is for
Families and estate representatives after a death that followed an accident or injury, who want to know what claims exist, who can bring them, and what the statutes limit.
Wrongful death: the heirs' claim
Under § 78B-3-106, when a person's death is caused by the wrongful act or neglect of another, the person's heirs, or their personal representatives for the benefit of the heirs, may sue the person who caused the death — or the employer, if the person was employed by someone responsible for the conduct. Damages "may be given as under all the circumstances of the case may be just." If an adult had a guardian at the time of death, only one action may be maintained for the person's injury or death, brought by the personal representative or the guardian for the benefit of the heirs. Wrongful death claims arising from workplace deaths are subject to the Workers' Compensation Act (see Utah Workers' Compensation Third-Party Claims).
The deadline is two years for "recovery of damages for a death caused by the wrongful act or neglect of another" (§ 78B-2-304(3)). See Utah Wrongful Death Claims: Who Can File.
Survival action: the injured person's claim
Section 78B-3-107 provides that 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 wrongdoer's personal representatives for special and general damages.
In practice, a survival action covers harms the person experienced before death (for example, medical bills and pain and suffering from the injury to the date of death), while wrongful death damages compensate the heirs for their losses. Both may arise from the same event.
When the injured person dies of an unrelated cause
If the injured person dies before judgment or settlement from a cause other than the injury caused by the wrongdoer, the personal representatives or heirs can still pursue special and general damages for harm that occurred before the unrelated death.
There's an important limit: if the death from an unrelated cause occurs more than six months after the incident, the claim is limited to special damages (out-of-pocket economic losses) unless, before the death:
- written notice of intent to hold the wrongdoer responsible was mailed to or served on the wrongdoer, the wrongdoer's insurance carrier, or the injured person's uninsured motorist carrier, and proof of mailing or service can be produced; or
- the claim was the subject of ongoing negotiations between the parties or their insurers.
A later claim against an underinsured motorist carrier for which the injured person was a covered person isn't subject to that notice requirement. The practical lesson: send a written notice of claim early — and keep proof — when someone with a serious injury is in poor health.
Proof requirement
Neither the injured individual nor the representatives or heirs may recover judgment except upon competent satisfactory evidence other than the testimony of the injured individual (§ 78B-3-107(2)). In other words, the claim can't rest on the injured person's own statements alone.
Practical steps
- Open an estate or appoint a representative when needed — see Utah Probate for the process.
- Send written notice to the insurer or wrongdoer and keep proof.
- Preserve records: medical bills, work records, funeral expenses, photos, and witness information.
- Calendar the two-year wrongful death deadline. Don't assume a survival claim has the same timing as a wrongful death claim; confirm with an attorney.
Frequently asked questions
Does a lawsuit end if the injured person dies?
No. Under § 78B-3-107, an injury claim doesn't abate on the death of the injured person or the wrongdoer.
Can I recover pain and suffering in a survival action?
The statute allows special and general damages, with a limit to special damages if the death was from an unrelated cause more than six months after the incident and no notice or negotiations were in place.
What is the deadline for a wrongful death claim?
Two years.
Who brings a wrongful death claim?
The decedent's heirs, or the personal representative on their behalf (or the guardian in some cases involving an adult with a guardian).
Is the injured person's testimony enough for a survival claim?
No. The statute requires competent satisfactory evidence other than the injured person's testimony.