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 § 8.01-56.
As used in this section, the term "death" shall include the death of an individual or the termination or dissolution of any other entity.
Code 1950, § 8-628; 1950, p. 948; 1952, c. 378; 1954, c. 607; 1964, c. 34; 1977, c. 617.
Notes of Decisions
Cited in
67
cases (
8 in the last 5 years), 1979–2025 · leading case:
Campbell v. Harmon, 628 S.E.2d 308 (Va. 2006).
Campbell v. Harmon, 628 S.E.2d 308 (Va. 2006).
· cites it 50× “01-31 right to an accounting by virtue of the survival provisions of Code § 8.01-25. The Trustees contended Code § 8.”
Bulala v. Boyd, 389 S.E.2d 670 (Va. 1990).
· cites it 14× “Bulala moved for a new trial, asking that Veronica Boyd's action for personal injuries be converted into an action for wrongful death pursuant to Code §§ 8.01-25 and 8.01-56. On November 5, 1986, the district court issued its opinion, Boyd v.”
Centra Health, Inc. v. Mullins, 670 S.E.2d 708 (Va. 2009).
· cites it 12× “01-50, and a survival action for personal injuries to the decedent, Code § 8.01-25, which the administrators alleged arose from the same acts of medical negligence.”
Pigott v. Moran, 341 S.E.2d 179 (Va. 1986).
· cites it 6× “1-145 now provides, in part, that: "Any action at law for damages for the .”
Hendrix v. Daugherty, 457 S.E.2d 71 (Va. 1995).
· cites it 6× “In the underlying action, the defendant attorneys initially filed a tort action against the Hospital on behalf of Nicholas’ estate and his parents as permitted by Code § 8.01-25, which allows the survival of a cause of action.”
Boyd v. Bulala, 647 F. Supp. 781 (W.D. Va. 1986).
· cites it 5× “Likewise, the Virginia survival statute, Va. Code § 8.01-25, provides in part as follows: Every cause of action .”
First Virginia Bank-Colonial v. Baker, 301 S.E.2d 8 (Va. 1983).
· cites it 2× “8 Under statutory changes adopted in 1977, all rights of action accruing subsequent to the effective dates of those enactments survive, Code § 8.01-25, Acts 1977, c. 617; it is immaterial whether damage is direct or indirect, see Code § 64.”
Diana K. Brown v. Megan S. Brown, Individually & as Co-Adm'r, etc., 820 S.E.2d 384 (Va. Ct. App. 2018).
· cites it 2× “Code § 8.01-25. However, “a divorce suit abates when one party dies while the suit is pending and before a decree on the merits; this is because the death terminates the marriage, thus rendering the divorce suit moot as it relates to the parties’ marital status.”
Van Dam v. Gay, 699 S.E.2d 480 (Va. 2010).
· cites it 2× “The issue in Rutter was not the statute of limitations, but rather was whether the cause of action arose during the decedent's lifetime and survived her death pursuant to Code § 8.01-25. Id. at 313, 568 S.E.2d at 694-95 .”
Rutter v. Jones, Blechman, Woltz & Kelly, P.C., 568 S.E.2d 693 (Va. 2002).
· cites it 2× “Code § 8.01-25, enacted in derogation of common law, provides that, “[e]very 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…”
Est. of Moses v. Sw Va Transit Manag., 643 S.E.2d 156 (Va. 2007).
· cites it 2× “His personal representative, Moses, filed a motion for judgment against the defendants for those injuries pursuant to Code § 8.01-25. At trial, the videotaped deposition of the decedent was introduced to describe the accident, in which he stated: "I had been over to the Union…”
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