CALL/TXT UTAH WRONGFUL DEATH ATTORNEY JAKE GUNTER (801) 373-6345
What is a Utah Survival Claim for Personal Injuries? 
Simply put, a claim for a person’s injuries doesn’t abate if they die. That claim for pain and suffering and other damages incurred prior to death are actionable by the estate of the deceased for the benefit of the estate.
This is called a “Survival Claim” in Utah. See Utah Code 78B-3-107.
The Prior Problem. “At common law, a cause of action for tort [injuries] abated when the tort victim died.” Peng v. Meeks 2024 UT 5 ¶15. Prior law was that once an injury victim died, the victim’s heirs or estate could not recover damages for the wrong.
The Statutory Fix Utah Code 78B-3-107. Utah survival statutes provide for the extension of an injured person’s lawsuit or claim in order to preserve any damages the estate may have prior to the death. Utah’s survivor statutes remedy the injustice at common law where the action for money damages died with the deceased.
Put another way: The injured victim’s claim after their death becomes a part of the estate, and the damages recoverable are only those the injured person might have recovered had their lived. Peng v. Meeks 2024 UT 5 ¶51 citations simplified.
Survival injury claims in Utah are designed to compensate for the pain and suffering the deceased suffered prior to death and pass that claim onto the estate.
Example. Provo University Avenue Pedestrian Death. A pedestrian is walking lawfully on the sidewalk and is hit by an errant drunk driver. The pedestrian dies the next day after incurring medical bills and suffering.
The pedestrian’s injury claim for the time between being hit by the car until his death survives his death and can be brough by his estate for the benefit of his heirs. Additionally, a direct claim can be brough by the pedestrian’s heirs directly for their losses, in addition to the survival claim.
Example. Medical Malpractice. Peng v. Meeks 2024 UT 5. Patient’s family decided to withdrawal life support. This decision was based on the doctor’s malpractice. Patient died eight hours later. The Salt Lake County jury awarded four million for wrongful death damages and one million for the survival claim for the eight hours until the death occurred. The four million wrongful death damages went directly to the heirs of the deceased patients in a direct action. The one million survival claim damages went to the deceased’s estate, to be distributed to the heirs in a probate action.
See this VIDEO on how wrongful death and survival claims are distributed.