Utah Code » Title 78B, Chapter 3 — Civil Actions; part 78B-3-1 — Right to Sue and Be Sued
Utah Code

Utah Code § 78B-3-107 (2026)

Survival of action for injury or death to individual, upon death of wrongdoer or injured individual -- Exception and restriction to out-of-pocket expenses

✓ current as of May 2026
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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).
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.
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:
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
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.
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).
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.
This section may not be construed to be retroactive.
Notes of Decisions
Cited in 18 cases (6 in the last 5 years), 2008–2026 · leading case: Bagley v. Bagley, 2016 UT 48 (Utah 2016).
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Bagley v. Bagley, 2016 UT 48 (Utah 2016). · cites it 6× “Plaintiff Bagley, as the personal representative of Bradley Vom Baur’s estate, brought her second cause of action pursuant to Utah Code section 78B-3-107, Utah’s survival action statute, alleging that Defendant negligently caused Mr.”
Gressman v. State, 2013 UT 63 (Utah 2013). · cites it 9× “§ 78B-3-107, Amendment Notes (2012) (stating the 2008 amendments were stylistic).”
Bybee v. Abdulla, 2008 UT 35 (Utah 2008). · cites it 4× “133 Buttressing this view is the contrast between the two provisions of Utah law that extend to an heir the right to recover damages following the death of another; the survival statute, codified in section 78B-3-107; and the wrongful death provisions, found at section 78B-8-102…”
Peng v. Meeks, 2024 UT 5 (Utah 2024). · cites it 4× “Meeks proposed an instruction based on Model __________________________________________________________ 2 The complaint labeled the first cause of action as “Medical Malpractice” and the second cause of action as “Survival Action - UTAH CODE § 78B-3-107.” But both causes of…”
Berrett v. Albertsons Inc., 2012 UT App 371 (Utah Ct. App. 2012). · cites it 3× “§ 78B-3-107 (Supp. 2009). The latter version permits the recovery of general damages; the former does not.”
Wilson v. Educators Mut. Ins., 2018 UT App 155 (Utah Ct. App. 2018). · cites it 16× “and Darla Wilson contend that EMIA's claim was barred by Utah Code section 78B-3-107 and that the district court erred in its allocation of interpleaded funds.”
Riggs v. Georgia-Pac. LLC, 2015 UT 17 (Utah 2015). “UTAH CODE § 78B-3-107(1)(b). They concede that the "trial and adjudication of the personal injury action against these defendants bars the pursuit of a survival action against them.”
Est. of Huitron v. Kaye, 2022 UT 36 (Utah 2022). “‖ UTAH CODE § 78B-3-107(1)(a). The injured person ―has a cause of action against .”
Wilson v. Educators Mut. Ins. Ass'n, 2017 UT 69 (Utah 2017). · cites it 2× “In so doing we do not reach other matters briefed but not decided by the court of appeals, such as whether EMIA's claim is somehow barred by Utah Code section 78B-3-107, and whether the district court erred in its allocation of the interpleaded funds.”
Est. of Redd v. United States, 171 F. Supp. 3d 1229 (D. Utah 2016). · cites it 3× “”); Utah Code Ann. § 78B-3-107 ("A cause of action arising out of personal injury to a person, or death caused by the wrongful act or negligence of a wrongdoer, does not abate upon the death of the wrongdoer or the injured person.”
Bagley v. Bagley, 2015 UT App 33 (Utah Ct. App. 2015). · cites it 2× “" Utah Code Ann. § 78B-3-107 (LexisNexis 2014) (emphasis added).”
Gressman v. State, 2013 UT 63 (Utah 2013). · cites it 6× “§ 78B-3-107, Amendment Notes (2012) (stating the 2008 amendments were stylistic).”
Show all 18 citing cases →
— Utah Code § 78B-3-107(1) — 1 case
Marriott v. Wilhelmsen, 2025 UT 35 (Utah 2025).
— Utah Code § 78B-3-107(1)(a) — 8 cases
Gressman v. State, 2013 UT 63 (Utah 2013). “§ 78B-3-107, Amendment Notes (2012) (stating the 2008 amendments were stylistic).”
Bagley v. Bagley, 2016 UT 48 (Utah 2016). “Plaintiff Bagley, as the personal representative of Bradley Vom Baur’s estate, brought her second cause of action pursuant to Utah Code section 78B-3-107, Utah’s survival action statute, alleging that Defendant negligently caused Mr.”
Peng v. Meeks, 2024 UT 5 (Utah 2024). “Meeks proposed an instruction based on Model __________________________________________________________ 2 The complaint labeled the first cause of action as “Medical Malpractice” and the second cause of action as “Survival Action - UTAH CODE § 78B-3-107.” But both causes of…”
Est. of Huitron v. Kaye, 2022 UT 36 (Utah 2022). “‖ UTAH CODE § 78B-3-107(1)(a). The injured person ―has a cause of action against .”
Berrett v. Albertsons Inc., 2012 UT App 371 (Utah Ct. App. 2012). “§ 78B-3-107 (Supp. 2009). The latter version permits the recovery of general damages; the former does not.”
— Utah Code § 78B-3-107(1)(b) — 3 cases
Riggs v. Georgia-Pac. LLC, 2015 UT 17 (Utah 2015). “UTAH CODE § 78B-3-107(1)(b). They concede that the "trial and adjudication of the personal injury action against these defendants bars the pursuit of a survival action against them.”
Berrett v. Albertsons Inc., 2012 UT App 371 (Utah Ct. App. 2012). “§ 78B-3-107 (Supp. 2009). The latter version permits the recovery of general damages; the former does not.”
Riggs v. Georgia-Pac., 2015 UT 17 (Utah 2015).
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