The Utah Legislature is back in session. Strong & Hanni continues to provide service and leadership to its clients and the local defense bar through its lobbying efforts. There are several pieces of legislation that Strong & Hanni is tracking and working on for their clients.

HB 294 Survival Action Statute Amendments

This plaintiff’s bar legislation seeks to undue current Utah survival action law which prohibits the recovery of pain and suffering damages in cases where an injured party subsequently dies from unrelated causes. Under the proposed legislation, general damages would be awardable to an injured person’s heirs for pain and suffering even after the person dies from causes unrelated to the wrongdoer’s acts. The text of the proposed legislation may be found at http://le.utah.gov/~2009/bills/hbillint/hb0294.htm.

>HB 192 Personal Injury Judgment Interest

This legislation drafted by Strong & Hanni on behalf of the Utah Defense Lawyers Association and State Farm Insurance seeks to change current law on the awarding of prejudgment interest in personal injury actions. Current law provides for 10% per annum prejudgment interest on all economic losses. The statute, however, makes all interest computations retroactive to the date of the accident regardless of the date of the medical expense or other economic loss. This results in a significant windfall to plaintiffs and their contingent fee lawyers.

The proposed legislation effectively would clarify that interest under the statute is simple interest, rather than compound interest, and should be computed from the date of the actual expense or loss. The text of the proposed legislation may be found at http://le.utah.gov/~2009/bills/hbillint/hb0192.htm.

Summary provided by Stephen J. Trayner