Is the statute of limitations on a wrongful death law suit appealable?

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Is the statute of limitations on a wrongful death law suit appealable?

The case was filed in 2003.Tthe defendants are claiming that the plaintiffs knew of the conditions prior to 2001. Some of the plaintiffs have been deposed and in their depositions they stated that they knew about the harmful conditions prior to 2001.

Asked on September 7, 2010 under Personal Injury, Illinois

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the plaintiff missed the statute of limitations by not filing a lawsuit prior to the expiration of the statute of limitations, the plaintiff is out of luck and may have lost his or her rights forever in the matter.  If the statute of limitations expired, an appeal won't succeed.

However, if the plaintiff can establish facts that the plaintiff did NOT miss the statute of limitations, the plaintiff may be able to appeal the dismissal of the claim.    

 


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