If the defendant dies before the wrongful death claim is filed, the statute of limitations is tolled by adding how many months?

If the defendant dies before the wrongful death claim is filed, the statute of limitations is tolled by adding how many months?

• A. 6 months
• B. 18 months
• C. 12 months
• D. 24 months

Answer: (B)

Tolling the clock is about pausing the statute of limitations when an event prevents timely filing. In wrongful death cases, if the defendant dies before a claim is filed, the clock is paused to give the plaintiff time to appoint a personal representative and pursue the claim on behalf of the estate and survivors. The standard rule used on this type of exam adds 18 months of tolling. So, after the death, you have an 18-month window during which filing remains timely, recognizing the delay caused by probate and the need to organize representation. This 18-month extension is the reason that number is correct. The other options don’t reflect this commonly tested tolling period.

Tolling the clock is about pausing the statute of limitations when an event prevents timely filing. In wrongful death cases, if the defendant dies before a claim is filed, the clock is paused to give the plaintiff time to appoint a personal representative and pursue the claim on behalf of the estate and survivors. The standard rule used on this type of exam adds 18 months of tolling. So, after the death, you have an 18-month window during which filing remains timely, recognizing the delay caused by probate and the need to organize representation. This 18-month extension is the reason that number is correct. The other options don’t reflect this commonly tested tolling period.