Is the statute of limitation for wrongful death up in 2 years or at age 19 in Alabama for a minor who’s event occured in utero and who died at age 4?

A child was exposed to a large dose of X-ray at early stage of development in utero. He developed a rare heart condition called restrictive cardiomyopathy and died at age 4.He died in 1998.

Asked on June 9, 2009 under Accident Law, Tennessee


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

In Tennessee, a wrongful death action must be filed within one year of the date of death.   There is an exception for some causes of action - the statute doesn't start to run until the minor's 18th birthday.  However this exception does not apply to a wrongful death case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.