Q: Does the SOL get stayed until an estate is opened for a survival action?
In a survival action, does the SOL start to run when the estate is opened or when the death occurs? Does equitable tolling apply?
A: No, the SOL begins to run from date of accident or negligent act or omission that caused the injury leading to death, not from the date of death itself if the death occurred later. There are exceptions, usually under the "discovery" doctine, or where the decedent was under the age of 18 or had a mental disability at the time of the accident (in which case, the SOL does not begin to run until they turn 18 or the disability is lifted). However, if the decedent died before their 18th birthday, the SOL would begin to run at that time.
Scott Scherr agrees with this answer
A: Contact a member of the Md. Association for Justice to see as they give free consultations, or you can call me. Don't delay.
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