Section 11-3.2. Action for injury to person or property survives despite death  


Latest version.
  • of person in whose favor or  against  whom  cause  of  action
                 existed
        (a)  Action  against  personal  representative for injury to person or
      property.
        (1) No cause of action for  injury  to  person  or  property  is  lost
      because  of  the  death  of  the  person  liable for the injury. For any
      injury, an action may be  brought  or  continued  against  the  personal
      representative  of  the  decedent,  but  punitive  damages  shall not be
      awarded nor penalties adjudged in any such  action  brought  to  recover
      damages  for  personal injury. This section extends to a cause of action
      for wrongfully causing death and an action therefor may  be  brought  or
      continued  against  the  personal  representative  of  the person liable
      therefor.
        (2) Where death or an injury to person or property, resulting  from  a
      wrongful  act,  neglect  or default, occurs simultaneously with or after
      the death of a person who would have been liable therefor if  his  death
      had not occurred simultaneously with such death or injury or between the
      wrongful  act,  neglect or default and the resulting death or injury, an
      action to recover damages for such death or  injury  may  be  maintained
      against the personal representative of such person.
        (b)  Action  by  personal  representative  for  injury  to  person  or
      property.
        No cause of action for injury to person or property is lost because of
      the death of the person in whose favor the cause of action existed.  For
      any injury an action  may  be  brought  or  continued  by  the  personal
      representative  of  the  decedent,  but  punitive  damages  shall not be
      awarded nor penalties adjudged in any such  action  brought  to  recover
      damages  for  personal injury where the death occurs on or before August
      thirty-first, nineteen hundred eighty-two. On  the  trial  of  any  such
      action  accruing  before September first, nineteen hundred seventy-five,
      which is joined with an  action  for  causing  death,  the  contributory
      negligence of the decedent is a defense, to be pleaded and proved by the
      defendant.    No  cause  of  action for damages caused by an injury to a
      third person is lost because of the death of the third person.