Loading chat...
ID S1340
Bill
AI Summary
-
Amends Section 5-311 to define "heirs" for wrongful death actions to include spouses, children, stepchildren, parents, dependent blood relatives, adoptive siblings, and putative spouses found by court to have believed in good faith in the validity of the marriage.
-
Adds Section 5-327(2) to allow personal injury and property damage actions to continue after the death of the injured person when death results from causes unrelated to the wrongful act or negligence.
-
Limits damages recoverable in actions continuing after an injured person's death to: (i) medical expenses actually incurred, (ii) other out-of-pocket expenses actually incurred, and (iii) loss of earnings actually suffered prior to death.
-
Provides that actions may be commenced or continued by the personal representative of the deceased's estate or, if no personal representative is appointed, by those persons entitled to succeed to the deceased's property under Section 5-311(2).
Legislative Description
Amends existing law relating to civil actions to provide that certain personal injury actions shall survive the death of an injured party; and to provide for the continuation of certain causes of action relating to personal injury or property damage upon the death of the injured person, to limit damages and to provide for commencement or continuation of such actions by the decedent's personal representative or heirs.
CIVIL ACTIONS
Last Action
Governor signed Session Law Chapter 349 Effective: 07/01/10
4/12/2010