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question about SOL

  • Thread starter once_upon_atime
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once_upon_atime

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What is the name of your state?What is the name of your state? IL

Can anyone tell me what the SOL is for filing a wrongful death suit against a Doctor? Thanks.
 


ellencee

Senior Member
Can anyone tell me what the SOL is for filing a wrongful death suit against a Doctor?
Yes; an attorney with knowledge of the facts in the claim. The below information states that if the person died as the result of malpractice without having survived for a 'long' period of time between the date of injury from malpractice and the date of death, the statute of limitation is two years.

Statute of Limitations: A wrongful death action, in Illinois, must be brought within two years of the date of the decedent¹s death. The limitations period for wrongful death actions is contained in the Wrongful Death Act itself. Section 2 of the Act provides that ³[every] such action shall be commenced within 2 years after the death of such person.² Wyness v. Armstrong World Industries Inc., 131 Ill.2d 403, 546 N.E.2d 568, 137 Ill.Dec. 623 (1989). Conversely, there is no statute of limitations governing the filing of a survival action per se. A statute of limitations runs against a cause of action, not against the holder of the cause of action. Real v. Kim, 112 Ill.App.3d 427, 445 N.E.2d 783, 787, 68 Ill.Dec. 139 (1st Dist. 1983). The underlying cause of action, which has its own applicable limitations period, determines when the action is time-barred.
http://www.mgnlaw.com/conscious_pain_and_suffering.htm
 

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