8.01-56 - When right of action not to determine nor action to abate.

§ 8.01-56. When right of action not to determine nor action to abate.

The right of action under § 8.01-50 shall not determine, nor the action, whenbrought, abate by the death, dissolution, or other termination of adefendant; and when a person who has brought an action for personal injurydies pending the action, such action may be revived in the name of hispersonal representative. If death resulted from the injury for which theaction was originally brought, a motion for judgment and other pleadingsshall be amended so as to conform to an action under § 8.01-50, and the caseproceeded with as if the action had been brought under such section. In suchcases, however, there shall be but one recovery for the same injury.

(Code 1950, § 8-640; 1954, c. 333; 1977, c. 617.)