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