survival statutes

survival statutes
Statutory provision for the survival, after death of the injured person, of certain causes of action for injury to the person whether death results from the injury or from some other cause. The cause of action which survives is for the wrong to the injured person. A type of statute, that allows an action to continue, notwithstanding the death of the one who originally had a right to bring the action. Such a right usually may be enforced by or against the estate of the decedent. Some survival statutes cover death of both injured party (plaintiff) and death of defendant.
See also wrongful death statutes

Black's law dictionary. . 1990.

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  • survival actions — Term refers to actions for personal injuries which by statute survives death of injured person. Britt v. Sears, 150 Ind.App. 487, 277 N.E.2d 20, 23. An action or cause of action which does not become extinguished with the death of the party… …   Black's law dictionary

  • survival acts — Statutes which provide for the survival of a cause of action notwithstanding the death of a party. 1 Am J2d Abat & R §§ 51 et seq …   Ballentine's law dictionary

  • general survival acts — Numerous statutes in the various states providing for survivorship of many causes of action that did not survive at common law, some of them providing in sweeping terms that all causes of action survive the death of either the person in whom the… …   Ballentine's law dictionary

  • wrongful — Injurious, heedless, unjust, reckless, unfair; it implies the infringement of some right, and may result from disobedience to lawful authority. Buhler v. Marrujo, 86 N.M. 399, 524 P.2d 1015, 1019. See also tort @ wrongful abuse of process See… …   Black's law dictionary

  • wrongful death action — n: an action that is brought by and in the name of the personal representative (as a spouse or parent) of one who dies a wrongful death and that seeks damages for the benefit of the survivors or the estate of the decedent compare survival action… …   Law dictionary

  • wrongful-death action — n. A lawsuit brought alleging damages from a wrongful act, default, or negligent behavior that resulted in the aforementioned s demise. Such action may be brought by the executor or administrator of the decedent s estate, as well as his or her… …   Law dictionary

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