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First off, you want to check with a lawyer in your jurisdiction to find out the statute of limitiations on a tort where you are. For example, in my jurisdiction, the statute of limitations is 1 year from when the plaintiff (you) knew or should have known of the tort at issue. If you're within the statute of limitations where you are, you would bring suit against the dead person through their estate or their heirs, depending on whether the dead person's estate has been probated. But the short answer to the question is that death does not insulate or protect a party from liability. You can still bring suit. Though this is certainly a question for a lawyer in your jurisdiction. Most lawyers will give you a free consultation to lay out the facts of your case and tell you whether or not you can proceed with a lawsuit. What's more, most plaintiff's lawyers work on a contingency basis, which means that you don't pay them anything in fees. Rather, they simply take a percentage of whatever settlement or verdict you receive from the defendant. And if you're not awarded anything in either settlement or verdict, you owe the lawyer nothing. So, I urge you to contact a law office in your area, make sure they offer free consultations, and meet with the lawyer with the facts of your case.

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Q: Can an action in torts be brought against a dead person?
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