Mother died almost a decade ago at a church sponsored activity (negligence involved). Question on statute of limitation and tolling. Missouri.
A little less than 10 years ago my mother fell from a horse and struck her head on a pickup truck, she died shortly after from brain damage. She almost certainly would have survived if she was wearing a helmet.
Looking up the wrongful death SOL it looks like it's 5 years in MO. However, my little brother was 11 at the time (he's 21 now). I heard there's something called tolling, where if the "discovery of harm" was by a minor, you can wait until he's at legal age (18 I would think) to file a suit.
So he would have turned 18 a little over three years ago. Is there still a chance for a successful law suit in this case? Or would the SOL make this a lost cause?
Is it like the tolling age 18 plus the SOL? Or would we have had to file at the latest when he was 18?
Posted Aug 30, 2016, 12:16 AM UTC