{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-25.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-25.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-25.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-25.html"}],"law_id":56850,"edition_id":1,"section_id":56850,"structure_id":14888,"section_number":"8.01-25","catch_line":"Survival of causes of action","history":"Code 1950, \u00a7 8-628; 1950, p. 948; 1952, c. 378; 1954, c. 607; 1964, c. 34; 1977, c. 617.","full_text":"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 \u00a7 8.01-56.\n\t\tAs used in this section, the term &#8220;death&#8221; shall include the death of an individual or the termination or dissolution of any other entity.","order_by":null,"text":{"0":{"id":208229,"text":"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 \u00a7 8.01-56.\n\t\tAs used in this section, the term &#8220;death&#8221; shall include the death of an individual or the termination or dissolution of any other entity.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14888,"edition_id":1,"name":"Survival and Assignment of Causes of Actions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:50:35","date_modified":"2026-06-26 03:50:35","permalink":{"id":279637,"object_type":"structure","relational_id":14888,"identifier":"1","token":"8.01\/3\/1","url":"\/8.01\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12886,"edition_id":1,"name":"Actions","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":279635,"object_type":"structure","relational_id":12886,"identifier":"3","token":"8.01\/3","url":"\/8.01\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56850,"structure_id":14888,"section_number":"8.01-25","catch_line":"Survival of causes of action","url":"\/8.01-25\/","token":"8.01\/3\/1\/8.01-25","metadata":false},{"id":87126,"structure_id":14888,"section_number":"8.01-26","catch_line":"Assignment of causes of action","url":"\/8.01-26\/","token":"8.01\/3\/1\/8.01-26","metadata":false}],"next_section":{"id":87126,"structure_id":14888,"section_number":"8.01-26","catch_line":"Assignment of causes of action","url":"\/8.01-26\/","token":"8.01\/3\/1\/8.01-26","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-25\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 378; in 1954, chapter 607; in 1964, chapter 34; in 1977, chapter 617.<\/p>","references":[{"id":59273,"section_number":"64.2-520","catch_line":"Action for goods carried away, or for waste, destruction of, or damage to estate of decedent","order_by":null,"url":"\/64.2-520\/"}],"refers_to":[{"id":75330,"section_number":"8.01-56","catch_line":"When right of action not to determine nor action to abate","order_by":null,"url":"\/8.01-56\/"}],"permalink":{"id":279639,"object_type":"law","relational_id":56850,"identifier":"8.01-25","token":"8.01\/3\/1\/8.01-25","url":"\/8.01-25\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-25\/","token":"8.01\/3\/1\/8.01-25","dublin_core":{"Title":"Survival of causes of action","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-25","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Every <span class=\"dictionary\">cause of action<\/span> whether legal or <span class=\"dictionary\">equitable<\/span>, which is cognizable in the Commonwealth of Virginia, shall survive either the <span class=\"dictionary\">death<\/span> of the <span class=\"dictionary\">person<\/span> against whom the <span class=\"dictionary\">cause of action<\/span> is or may be asserted, or the <span class=\"dictionary\">death<\/span> of the <span class=\"dictionary\">person<\/span> in whose favor the <span class=\"dictionary\">cause of action<\/span> existed, or the <span class=\"dictionary\">death<\/span> of both such <span class=\"dictionary\">persons<\/span>. Provided that in such an action punitive <span class=\"dictionary\">damages<\/span> shall not be awarded after the <span class=\"dictionary\">death<\/span> of the <span class=\"dictionary\">party<\/span> liable for the injury. Provided, further, that if the <span class=\"dictionary\">cause of action<\/span> 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 <span class=\"dictionary\">damages<\/span> arising from such injury pending, the action shall be amended in accordance with the provisions of \u00a7&nbsp;<a class=\"law\" title=\"When right of action not to determine nor action to abate\" href=\"\/8.01-56\/\">8.01-56<\/a>.\n\t\tAs used in this section, the term &#8220;<span class=\"dictionary\">death<\/span>&#8221; shall include the <span class=\"dictionary\">death<\/span> of an individual or the termination or dissolution of any other entity.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nSURVIVAL OF CAUSES OF ACTION (\u00a7 8.01-25)\n\nEvery cause of action whether legal or equitable, which is cognizable in the\nCommonwealth of Virginia, shall survive either the death of the person against\nwhom the cause of action is or may be asserted, or the death of the person in\nwhose favor the cause of action existed, or the death of both such persons.\nProvided that in such an action punitive damages shall not be awarded after the\ndeath of the party liable for the injury. Provided, further, that if the cause\nof action asserted by the decedent in his lifetime was for a personal injury and\nsuch decedent dies as a result of the injury complained of with a timely action\nfor damages arising from such injury pending, the action shall be amended in\naccordance with the provisions of \u00a7 8.01-56.\n\t\tAs used in this section, the term &#8220;death&#8221; shall include the death\nof an individual or the termination or dissolution of any other entity.\n\nHISTORY: Code 1950, \u00a7 8-628; 1950, p. 948; 1952, c. 378; 1954, c. 607; 1964, c.\n34; 1977, c. 617.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}