QUESTION
When Does Tolling Trigger for Death of Minor?
Asked on Jul 23rd, 2013 on Wrongful Death - New York
More details to this question:
In a wrongful death suit, a minor passed away and it has been over two years (passed the statute of limitations for a wrongful death suit), does the statute of limitations toll until she would have turned 18? Can her parents bring a claim to toll the statute of limitations?
1 ANSWER
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The tolling for infancy does not apply to an action, itself premised on the death of a minor. Unless a case can be viably made that the parents were induced to not bring suit by the defendants, the answer to your question is most likely no.
Gerry Wendrovsky, Esq.- Upper West Side Lawyer
www.upperwestsidelawyer.com
Answered on Jul 25th, 2013 at 3:53 PM