In Re Estate of England

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that “at the instant of death, the recovery for the personal injury is embraced by the ‘one suit’ for wrongful death and is not actionable by the estate under the survival statute”
• highlighting that personal injury claims that did not cause the decedent’s death “must be recovered, if at all, under the survival statute at a suit by the personal representative, not by the next of kin or heirs at law” (quotations omitted)
• “When the same wrongful conduct causes both personal injury and death, at the instant of death, the recovery for the personal injury is embraced by the ‘one suit’ for wrongful death and is not actionable by the estate under the survival statute.”

Source: CourtListener parenthetical corpus (CC0).