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Current as of January 01, 2025 | Updated by Findlaw Staff
Every cause of action whether legal or equitable, which is cognizable in the Commonwealth of Virginia, shall survive either the death of the person against whom the cause of action is or may be asserted, or the death of the person in whose favor the cause of action existed, or the death of both such persons. Provided that in such an action punitive damages shall not be awarded after the death of the party liable for the injury. Provided, further, that if the cause of action asserted by the decedent in his lifetime was for a personal injury and such decedent dies as a result of the injury complained of with a timely action for damages arising from such injury pending, the action shall be amended in accordance with the provisions of § 8.01-56.
As used in this section, the term “death” shall include the death of an individual or the termination or dissolution of any other entity.
Cite this article: FindLaw.com - Virginia Code Title 8.01. Civil Remedies and Procedure § 8.01-25. Survival of causes of action - last updated January 01, 2025 | https://codes.findlaw.com/va/title-8-01-civil-remedies-and-procedure/va-code-sect-8-01-25/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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