46 U.S.C. § 30305 — Death of plaintiff in pending action

submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 79 words · no verdicts yet

in plain englishAI-generated · not legal advice

If someone is suing for a personal injury caused by wrongful conduct on the high seas and then dies from that same injury while the case is pending, their personal representative can step in as plaintiff. The case then continues under this chapter's rules for wrongful death recovery.

This section applies when a civil admiralty lawsuit is already pending in a U.S. court, seeking recovery for a personal injury caused by the kind of wrongful act, neglect, or default described in section 30302. If the injured person dies during that lawsuit because of that same wrongful act, neglect, or default, their personal representative can be substituted in as the plaintiff. The case then continues under this chapter, seeking whatever recovery this chapter allows.

the actual law source: uscode.house.gov ↗public domain

If a civil action in admiralty is pending in a court of the United States to recover for personal injury caused by wrongful act, neglect, or default described in section 30302 of this title, and the individual dies during the action as a result of the wrongful act, neglect, or default, the personal representative of the decedent may be substituted as the plaintiff and the action may proceed under this chapter for the recovery authorized by this chapter.

Source credit: (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1511.)

history & why it existsrecord from the source credit

2006Enacted · Pub. L. 109-304 · 120 Stat. 1511

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.

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