The Wisconsin Supreme Court recently addressed whether the discovery rule applies to claims that may not be discovered until after a decedent’s death. In Christ v. Exxon Mobil Corp., 2015 WI 58, the issue presented was whether the discovery rule applied to survival and wrongful death claims that were not discovered until after the expiration of the statute of limitations. The plaintiff representatives of estates and wrongful death claimants alleged the decedents’ injuries and deaths were a result of exposure to benzene at a tire manufacturing facility.
The court held the discovery rule permits the accrual of survival and wrongful death claims after the date of the deceased’s death, if the plaintiff estate representatives and beneficiaries are able to demonstrate they exercised reasonable diligence in investigating and discovering their claims. You can view the entire discussion here.
