Title 46ShippingRelease 119-73

§30305 Death of plaintiff in pending action

Title 46 › Subtitle Subtitle III— - Maritime Liability › Chapter CHAPTER 303— - DEATH ON THE HIGH SEAS › § 30305

Last updated Apr 6, 2026|Official source

Summary

If a person sues in federal admiralty for a covered personal injury and then dies from that injury while the case is pending, their personal representative may take the plaintiff’s place and the lawsuit can continue.

Full Legal Text

Title 46, §30305

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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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 3030546 App.:765.Mar. 30, 1920, ch. 111, § 5, 41 Stat. 537. The words “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” are substituted for “If a person die [sic] as the result of such wrongful act, neglect, or default as is mentioned in section 761 of this Appendix during the pendency in a court of admiralty of the United States of a suit to recover damages for personal injuries in respect of such act, neglect, or default” to eliminate unnecessary words. The words “the plaintiff” are substituted for “a party” to be more precise.

Reference

Citations & Metadata

Citation

46 U.S.C. § 30305

Title 46Shipping

Last Updated

Apr 6, 2026

Release point: 119-73