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

Answers:

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.


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