The phrase "Actio personalis moritur cum persona" is a Latin maxim that translates to "a personal action dies with the person." It is a legal principle that states that a cause of action for personal injuries, such as pain and suffering, emotional distress, or loss of consortium, dies with the injured party. This means that if a person dies as a result of their injuries, their estate cannot bring a lawsuit for damages related to those injuries. The rationale behind this principle is that personal injury claims are based on the individual's subjective experiences, which cannot be adequately represented by their estate.
There are some exceptions to this general rule. For example, if the injured person's death was caused by a wrongful death, their estate may be able to bring a lawsuit for damages under a wrongful death statute. Additionally, some jurisdictions allow the estate of a deceased person to bring a lawsuit for medical expenses incurred prior to the person's death.
The principle of actio personalis moritur cum persona is a complex area of law with many exceptions and nuances. It is important to speak with an attorney if you are considering bringing a lawsuit for damages related to personal injuries or wrongful death.