Wrongful Death Damages Are Whatever Is Just in Utah

By the FigureMyTax Editorial Team · How we calculate

Utah leaves wrongful death damages to the circumstances of the case.

The statutory measure

Under UCA 78B-3-106, damages may be given as under all the circumstances of the case may be just, in every action under the wrongful death sections.

No general cap

We found no dollar cap in the wrongful death sections we read.

The malpractice limit

A death caused by malpractice may be subject to the $450,000 limit on noneconomic damages in UCA 78B-3-410. The sources we found do not say whether that limit applies once per case or once per heir, so confirm it.

Survival damages

The estate may recover special and general damages for the decedent's own claim under the survival statute.

Punitive damages

If conduct meets the clear and convincing standard of UCA 78B-8-201, punitive damages are possible, and half of any amount above $50,000 goes to the state.

Fault and several liability

The decedent's fault is measured under UCA 78B-5-818, and each defendant pays only its percentage under UCA 78B-5-820.

This is general information, not legal advice, and the state comparisons above are illustrative, not an exhaustive survey. Confirm how Utah's rules apply to your specific case with a licensed Utah attorney.