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Statute of Limitations › Wrongful Death

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Ward and Smith, P.A.

What Does a Wrongful Death Lawyer Do?

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In the blink of an eye, a bad car wreck or another serious incident can result in a death. Losing a loved one is absolutely devastating. In North Carolina, when an individual's negligence, wrongful acts, or intentional acts...more

Hinshaw & Culbertson - Insights for Insurers

Grieving Families Act Reintroduced: What New York Insurers Need to Know

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On February 5, 2024, New York State Senator Hoylman-Sigal once again brought forth the Grieving Families Act ("GFA") in its latest iteration: Senate Bill 2024-S8485. Continue reading for how this latest version of the act...more

Ward and Smith, P.A.

Do I Need a Lawyer for a Car Accident?

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North Carolina car accident rates are above average compared to the previous five years, with more than 273,000 accidents occurring in 2022. These accidents resulted in 110,544 injuries; many of which were passenger injuries....more

Steptoe & Johnson PLLC

Ohio Supreme Court Resolves Split in Ohio Appellate Courts: Four-Year Statute of Repose for Medical Claims Applies to...

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If a person is injured by medical negligence, the injured person may have a medical malpractice claim and, if the person dies, the person’s family may have a wrongful-death claim. Over time, the Ohio General Assembly passed a...more

Chartwell Law

New York Governor Vetoes Grieving Families Act

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On December 29, 2023, New York Governor Kathy Hochul vetoed, for a second time, the Grieving Families Act (the Act), a proposed amendment to New York’s wrongful death statute; that statute remains unchanged....more

Rivkin Radler LLP

A Sleeping Giant: New York’s Grieving Families Act

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The pen is mightier than the sword — especially a pen held by a sitting governor. Currently sitting on the desk of New York’s governor is a piece of proposed legislation known as the “Grieving Families Act” which, if signed...more

Miles Mediation & Arbitration

A Chance for Substantial Verdicts: Recent Georgia Medical Malpractice Cases

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The COVID-19 pandemic has affected every aspect of our lives, and the legal system is no exception. Court hearings went from being in-person to virtual, and court dockets swelled as cases were postponed. In 2023, the legal...more

Bond Schoeneck & King PLLC

Amended Version of the Grieving Families Act Introduced to New York State Legislature

Bond Schoeneck & King PLLC on

On May 2, 2023, a revised version of the Grieving Families Act (the Act) was introduced to the New York State legislature. The original version of the Act was passed by both the New York State Senate and Assembly in 2022 but...more

White and Williams LLP

Florida Passes Tort Reform Bill

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On Friday, March 24, 2023, Florida’s governor, Ron DeSantis, signed into law a tort reform bill, HB 837. The bill impacts, among other things, bad faith actions and attorney’s fee awards. Of particular importance to...more

Weber Gallagher Simpson Stapleton Fires &...

Grieving Families Act Update: What Trucking Companies Should Know

Weber Gallagher Simpson Stapleton Fires &... on

In our last newsletter, we reported on the potential pitfalls associated with the anticipated passage of New York Senate Bill S74A, also known as the “Grieving Families Act.” Our prior article pointed out the problematic...more

Goldberg Segalla

New York’s Grieving Families Act May See First Update In Over 100 Years

Goldberg Segalla on

The current wrongful death statute in New York, which has been in place since 1847, may get a revamp in the coming months. Senate Bill S74A, also known as the Grieving Families Act (“the Act”) is currently awaiting Governor...more

Goldberg Segalla

New York State Legislature Passes Bill That Will Expand Wrongful Death Damages

Goldberg Segalla on

Key Takeaways - A bill known as the Grieving Families Act has been passed by both chambers of the New York legislature and is awaiting Gov. Kathy Hochul’s signature. If signed into law it will become effective...more

Ward and Smith, P.A.

Daycare and Other Child Care Injuries in North Carolina

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Placing a child in daycare can be one of the most difficult things a working parent must do. On the other hand, utilizing child care services is extremely beneficial to children's educational and social development. We...more

Miles Mediation & Arbitration

A Potential Trap for the Unwary Plaintiff’s Lawyer

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All Georgia lawyers should be aware of the two dismissal rule that results in an adjudication on the merits. Under Georgia law, with some limitations, a plaintiff can voluntarily dismiss a lawsuit without prejudice and refile...more

Morris James LLP

The Statute Of Limitations For Filing A Wrongful Death Lawsuit In Delaware

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Losing a loved one without warning can be heartbreaking. Losing someone in a tragic incident caused by another person or entity's negligence can be even more painful. Unfortunately, this happens all too often—both in Delaware...more

Husch Blackwell LLP

Statute Of Limitations On Asbestos Claims: MN Supreme Court Reinforces

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The statute of limitations on asbestos claims was recently reevaluated by the Minnesota Supreme Court. In Palmer v. Walker Jamal Company, the court reinforces that the clock begins when the plaintiff learns they have an...more

Foley Hoag LLP

Product Liability Update - May 2020

Foley Hoag LLP on

Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

White and Williams LLP

“Slow and Steady Doesn’t Always Win the Race” – Applicability of a Statute of Repose on Indemnity/Contribution Claims in New...

White and Williams LLP on

In Rankin v. South Street Downtown Holdings, Inc., 2019 N.H. LEXIS 165, the Supreme Court of New Hampshire considered, pursuant to a question transferred by the trial court, whether RSA 508:4-b, the statute of repose for...more

Haight Brown & Bonesteel LLP

Reminder When Calculating the Statute of Limitations for a Minor (or any claim under Chapter 3 of the Code of Civil Procedure)

Haight Brown & Bonesteel LLP on

Luis Shalabi v. City of Fontana, 2019 WL 2183795, puts to rest any confusion you might have on how to calculate when a statute of limitations will expire on a minor’s claim for recovery under Chapter 3 of the California Code...more

Nutter McClennen & Fish LLP

Product Liability 2018 Year in Review

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Massachusetts state and federal courts issued a number of important product liability decisions in 2018. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more

Hogan Lovells

Jabir and others v. KiK Textilien und Non-Food GmbH – Dortmund court dismisses lawsuit

Hogan Lovells on

Yesterday, the Regional Court (Landgericht) of Dortmund dismissed the claims in Jabir and others v. KiK Textilien und Non-Food GmbH (Case No. 7 O 95/15) based on the statute of limitations.  ...more

Farrell Fritz, P.C.

Second Department Allows Untimely Claims to Relate Back to Action Brought By Wrong Plaintiff

Farrell Fritz, P.C. on

Can substitution of a new plaintiff who has proper standing cause “surprise or prejudice” to a defendant after the statute of limitations would have expired, such that leave to file an amended complaint should be denied?...more

Hinshaw & Culbertson LLP

Absent "Special Circumstances," An Insurance Agent Owes No Duty to Ensure Adequate Insurance Coverage

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Perreault v. AIS Affinity Ins. Agency of New England, Inc., 2018 Mass.App. LEXIS 99 (Ma.App.Ct. Aug. 2, 2018) Brief Summary - As part of the settlement of a malpractice action against an attorney, he assigned any claims...more

Ward and Smith, P.A.

Wrongful Death Claims in North Carolina

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Introduction - When someone is injured by the negligence of another, the injured party often has a legal claim against the at-fault party under North Carolina law. Sadly, however, sometimes these incidents result in the...more

Foley Hoag LLP

Product Liability Update: April 2017

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Massachusetts Federal Court In Prescription Drug Case Holds “Learned Intermediary” Rule Requiring Warnings Only To Prescribing Physician Applied Even Though Patient and Caregiver Were Physicians, But Experts’ Affidavits of...more

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