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This entry was published on 2014-09-22
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SECTION 11-3.3
Limitations upon recovery where injury causes death
Estates, Powers & Trusts (EPT) CHAPTER 17-B, ARTICLE 11, PART 3
§ 11-3.3 Limitations upon recovery where injury causes death

(a) Where an injury causes the death of a person the damages
recoverable for such injury are limited to those accruing before death
and shall not include damages for or by reason of death, except that the
reasonable funeral expenses of the decedent, paid by the estate or for
the payment of which the estate is responsible, shall be recoverable in
such action. The damages recovered become part of the estate of the

(b) Nothing contained herein shall affect the cause of action existing
in favor of the next of kin under 5-4.1, subject to the following:

(1) Such cause of action and the cause of action, under this section,
in favor of the estate to recover damages may be prosecuted to judgment
in a single action; a separate verdict, report or decision shall be
rendered as to each cause of action.

(2) Where an action to recover damages for personal injury has been
brought, and the injured person dies, as a result of the injury, before
verdict, report or decision, his personal representative may enlarge the
complaint in such action to include the cause of action for wrongful
death under 5-4.1.

(3) Where an action to recover damages under this section and a
separate action for wrongful death under 5-4.1 are pending against the
same defendant, they may be consolidated on the motion of either party.