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See also Wrongful death. A law that allows certain actions to continue after the death of the party who originally brought the action or could have brought the action. Although all states have abolished the rule of non-liability when personal injury results in death, the statutory methods of doing so fall into two distinct categories - wrongful death statutes and survival statutes. See Sea-Land Serv., Inc. v. Gaudet, 414 U.S. 573, 575 n. 2, 39 L. Ed. 2d 9, 94 S. Ct. 806 (1974).

The majority of states have enacted 'survival statutes.' These statutes permit the victim's cause of action to survive the death, so that the victim, through the victim's estate, recovers damages that would have been recovered by the victim had the victim survived. Sea-Land, 414 U.S. at 575 n. 2; Recovery for Wrongful Death at § 1:15; Prosser, § 126, at 942-43. Survival statutes do not create a new cause of action; rather, the cause of action vested in the victim at the time of death is transferred to the person designated in the statutory scheme to pursue it, and the action is enlarged to include damages for the death itself. Prosser, § ...

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