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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.