UTAH WRONGFUL DEATH/SURVIVAL CLAIM ATTORNEY JAKE GUNTER. LET HIS 20 YEARS OF COURTROOM EXPERIENCE WORK FOR YOU.
Utah Wrongful Death Injury Claims. Wrongful death claims for money damages for the death of a person are for the direct benefit of the heirs. The damages caused by a wrongful death belong to the heirs of the deceased for their losses. These direct claims for money damages by the heirs are called wrongful death claims. 
Utah’s wrongful death statute reads:
78B-3-106. Death of a person — Suit by heir or personal representative.
(1) Except as provided in Title 34A, Chapter 2, Workers’ Compensation Act, when the death of a person is caused by the wrongful act or neglect of another, his heirs, or his personal representatives for the benefit of his heirs, may maintain an action for damages against the person causing the death, or, if the person is employed by another person who is responsible for his conduct, then against the other person.
(2) If the adult person has a guardian at the time of his death, only one action may be maintained for the person’s injury or death.
(3) The action may be brought by either the personal representatives of the adult deceased person, for the benefit of the person’s heirs, or by the guardian for the benefit of the heirs, as defined in Section 78B-3-105.
(4) In every action under this section and Section 78B-3-105 damages may be given as under all the circumstances of the case may be just.
Utah Survival Injury Claims. Pain and suffering incurred by the deceased prior to their death are personal to the deceased and pass for the benefit of the estate. The injury claims personal to the deceased for their pain and suffering prior to dying are called survivor claims.
Utah’s survival statute reads:
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.
HOW ARE WRONGFUL DEATH OR SURVIVAL CLAIMS DISTRIBUTED?
See this VIDEO on how contested wrongful death settlement proceeds can be distributed.