Q: my mother had an ongoing lawsuit until 1988 when she passed away, from my understanding it was settled out due to this.
I am wondering if I can re instate lawsuit under the discovery act which would circumvent the statute of limitations. I.e. Loss of motherhood and e.t.c
A: Unlikely. Someone had to have legal authority to settle the claim on your mother's behalf, and when that happened, that almost assuredly extinguished any other claims she could have raised. You *might* have your own claims you could raise, but that's going to be fact-dependent. What you are referring to as tolling the statute of limitation has its own limitations, so if you are interested, you need to contact an attorney sooner rather than later to see where things stand.
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