The Illinois Appellate Court has adopted a strict rule on the statute of limitations in a wrongful death lawsuit. In Moon v. Rhode, the court ruled that, the lawsuit must be brought within two years of the knowledge of the death, regardless of when the executor of an estate learned of an allegedly wrongful cause of death. The court noted that because the cause of action is created by statute, it must be read as written. The statutes at issue are the Illinois Wrongful Death Act and the statute of limitations for lawsuits against physicians, both of which refer to the date of death. <\/p>\n
In personal injury lawsuits, the \u201cDiscovery Rule\u201d allows injured people to file a lawsuit beyond the usual two year statute of limitations if they did not learn of the wrongful cause until a later date. <\/p>\n
However, in the case at issue, the specific statute relating to physicians (more…)<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":" The Illinois Appellate Court has adopted a strict rule on the statute of limitations in a wrongful death lawsuit. In Moon v. Rhode, the court ruled that, the lawsuit must be brought within two years of the knowledge of the…<\/span><\/p>\n