78B-3-106 - Death of a person -- Suit by heir or personal representative. - Utah Statutes

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 thedeath of a person is caused by the wrongful act or neglect of another, his heirs, or his personalrepresentatives for the benefit of his heirs, may maintain an action for damages against the personcausing the death, or, if the person is employed by another person who is responsible for hisconduct, then against the other person.
(2) If the adult person has a guardian at the time of his death, only one action may bemaintained for the person's injury or death.
(3) The action may be brought by either the personal representatives of the adultdeceased person, for the benefit of the person's heirs, or by the guardian for the benefit of theheirs, as defined in Section 78B-3-105.
(4) In every action under this section and Section 78B-3-105 damages may be given asunder all the circumstances of the case may be just.

Amended by Chapter 79, 2009 General Session
Amended by Chapter 146, 2009 General Session