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The post below was published on Monday, December 20th, 2010 at 9:13 AM.

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Third District: Personal Injury, Wrongful Death

Assume that after a husband and wife file a personal injury claim based on the husband’s injuries, he dies, and within the following two years the wife moves to amend the complaint to substitute his estate as the plaintiff but does not file a new wrongful death action. Has the ability to file a wrongful death action been lost? The Third District answered that question in the affirmative in this case. The court held that a personal injury complaint cannot be amended to state a wrongful death claim but instead a separate action must be initiated.

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