{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-56.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-56.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-56.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-56.html"}],"law_id":75330,"edition_id":1,"section_id":75330,"structure_id":14473,"section_number":"8.01-56","catch_line":"When right of action not to determine nor action to abate","history":"Code 1950, \u00a7 8-640; 1954, c. 333; 1977, c. 617.","full_text":"The right of action under \u00a7 8.01-50 shall not determine, nor the action, when brought, abate by the death, dissolution, or other termination of a defendant; and when a person who has brought an action for personal injury dies pending the action, such action may be revived in the name of his personal representative. If death resulted from the injury for which the action was originally brought, a motion for judgment and other pleadings shall be amended so as to conform to an action under \u00a7 8.01-50, and the case proceeded with as if the action had been brought under such section. In such cases, however, there shall be but one recovery for the same injury.","order_by":null,"text":{"0":{"id":270424,"text":"The right of action under \u00a7 8.01-50 shall not determine, nor the action, when brought, abate by the death, dissolution, or other termination of a defendant; and when a person who has brought an action for personal injury dies pending the action, such action may be revived in the name of his personal representative. If death resulted from the injury for which the action was originally brought, a motion for judgment and other pleadings shall be amended so as to conform to an action under \u00a7 8.01-50, and the case proceeded with as if the action had been brought under such section. In such cases, however, there shall be but one recovery for the same injury.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14473,"edition_id":1,"name":"Death by Wrongful Act","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12886,"metadata":{},"date_created":"2026-06-26 03:48:15","date_modified":"2026-06-26 03:48:15","permalink":{"id":280859,"object_type":"structure","relational_id":14473,"identifier":"5","token":"8.01\/3\/5","url":"\/8.01\/3\/5\/","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":78150,"structure_id":14473,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","url":"\/8.01-50\/","token":"8.01\/3\/5\/8.01-50","metadata":false},{"id":60390,"structure_id":14473,"section_number":"8.01-50.1","catch_line":"Certification of expert witness opinion at time of service of process","url":"\/8.01-50.1\/","token":"8.01\/3\/5\/8.01-50.1","metadata":false},{"id":69675,"structure_id":14473,"section_number":"8.01-51","catch_line":"No action when deceased has compromised claim","url":"\/8.01-51\/","token":"8.01\/3\/5\/8.01-51","metadata":false},{"id":66764,"structure_id":14473,"section_number":"8.01-52","catch_line":"Amount of damages","url":"\/8.01-52\/","token":"8.01\/3\/5\/8.01-52","metadata":false},{"id":77689,"structure_id":14473,"section_number":"8.01-52.1","catch_line":"Admissibility of expressions of sympathy","url":"\/8.01-52.1\/","token":"8.01\/3\/5\/8.01-52.1","metadata":false},{"id":63421,"structure_id":14473,"section_number":"8.01-53","catch_line":"Class and beneficiaries; when determined","url":"\/8.01-53\/","token":"8.01\/3\/5\/8.01-53","metadata":false},{"id":55857,"structure_id":14473,"section_number":"8.01-54","catch_line":"Judgment to distribute recovery when verdict fails to do so","url":"\/8.01-54\/","token":"8.01\/3\/5\/8.01-54","metadata":false},{"id":58794,"structure_id":14473,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","url":"\/8.01-55\/","token":"8.01\/3\/5\/8.01-55","metadata":false},{"id":75330,"structure_id":14473,"section_number":"8.01-56","catch_line":"When right of action not to determine nor action to abate","url":"\/8.01-56\/","token":"8.01\/3\/5\/8.01-56","metadata":false}],"previous_section":{"id":58794,"structure_id":14473,"section_number":"8.01-55","catch_line":"Compromise of claim for death by wrongful act","url":"\/8.01-55\/","token":"8.01\/3\/5\/8.01-55","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-56\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 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 1954, chapter 333; in 1977, chapter 617.<\/p>","references":[{"id":56850,"section_number":"8.01-25","catch_line":"Survival of causes of action","order_by":null,"url":"\/8.01-25\/"},{"id":84842,"section_number":"8.01-57","catch_line":"Liability of railroads for injury to certain employees","order_by":null,"url":"\/8.01-57\/"},{"id":63025,"section_number":"8.01-66.10","catch_line":"Death claims settled by compromise or suit","order_by":null,"url":"\/8.01-66.10\/"}],"refers_to":[{"id":78150,"section_number":"8.01-50","catch_line":"Action for death by wrongful act; how and when to be brought","order_by":null,"url":"\/8.01-50\/"}],"permalink":{"id":280893,"object_type":"law","relational_id":75330,"identifier":"8.01-56","token":"8.01\/3\/5\/8.01-56","url":"\/8.01-56\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-56\/","token":"8.01\/3\/5\/8.01-56","dublin_core":{"Title":"When right of action not to determine nor action to abate","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-56","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The right of action<\/span> under \u00a7 8.01-50<\/a> shall not determine, nor the action<\/span>, when brought, abate by the death, dissolution, or other termination of a defendant<\/span>; and when a person<\/span> who has brought an action<\/span> for personal injury dies pending the action<\/span>, such action<\/span> may be revived in the name of his personal representative. If death resulted from the injury for which the action<\/span> was originally brought, a motion for judgment<\/span> and other pleadings<\/span> shall be amended so as to conform to an action<\/span> under \u00a7 8.01-50<\/a>, and the case proceeded with as if the action<\/span> had been brought under such section. In such cases, however, there shall be but one recovery for the same injury.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN RIGHT OF ACTION NOT TO DETERMINE NOR ACTION TO ABATE (\u00a7 8.01-56)\n\nThe right of action under \u00a7 8.01-50 shall not determine, nor the action, when\nbrought, abate by the death, dissolution, or other termination of a defendant;\nand when a person who has brought an action for personal injury dies pending the\naction, such action may be revived in the name of his personal representative.\nIf death resulted from the injury for which the action was originally brought, a\nmotion for judgment and other pleadings shall be amended so as to conform to an\naction under \u00a7 8.01-50, and the case proceeded with as if the action had been\nbrought under such section. In such cases, however, there shall be but one\nrecovery for the same injury.\n\nHISTORY: Code 1950, \u00a7 8-640; 1954, c. 333; 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}}