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To: Notthemomma
Well, "wrongful death" is an entirely different matter.

If plaintiff Peter has a claim against defendant Dan for, say libel, then P must file the claim before he dies in order for P's wife Wilma to inherit a right to P's claim.

But if P is killed negligently by D, then W does have a wrongful death claim against D. But it's her claim, not one she inherited from P.

32 posted on 12/05/2021 8:04:13 PM PST by Angelino97
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To: Angelino97
"If plaintiff Peter has a claim against defendant Dan for, say libel, then P must file the claim before he dies in order for P's wife Wilma to inherit a right to P's claim."

No, not if the libel will hurt P's estate after his death. Then his spouse/executor/descendants have an interest in and a duty to limit that and to recover damages.

Imagine someone libeling P such that it kills his music recordings or book or movie sales/royalties, or devalues the property he/his estate owns that his estate will sell. The libel action can cause damages after the death that his estate/spouse can sue for, whether that suit was filed before his death or not. But hey, I'm not a lawyer. That's just how it seems to me from watching stuff from the outside.

35 posted on 12/11/2021 3:59:04 PM PST by Notthemomma ( )
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