Utah High Court: Judgment in Personal Injury Action Doesn’t Bar Subsequent Wrongful Death Claims

SALT LAKE CITY, Utah –– The Utah Supreme Court has weighed in on whether plaintiffs that prevailed in a personal injury case can bring a subsequent wrongful death action against the same defendants, ruling that there is nothing to suggest that the wrongful death action is tied to the decedent’s personal injury claim.

In the Jan. 30 ruling, the high court acknowledged that a number of states across the country bar wrongful death claims if the decedent already won a personal injury action for claims based on the same injury, but ultimately determined that those decisions were based on “plain …