What happens to the statute of limitations if a plaintiff dies before it expires?

When a plaintiff dies before the statute of limitations expires, the law allows for an extension of time for the executor or administrator of the estate to file a claim. This extension is crucial because it ensures that the rights of the deceased plaintiff are not forfeited due to their death. Specifically, under New York law, the executor receives a one-year extension from the date of death to initiate a lawsuit that the deceased could have brought.

This provision serves to protect the interests of the estate and the potential beneficiaries, allowing them the opportunity to pursue legal claims without being prejudiced by the time constraints that typically apply to living plaintiffs. This is why the choice indicating that the executor receives a one-year extension is accurate and reflects the law’s intention to provide flexibility in the face of such circumstances.

In contrast, the other options do not align with the legal framework governing statutes of limitations in the event of a plaintiff's death. For instance, claiming that the statute of limitations is terminated immediately fails to recognize that legal processes can continue on behalf of an estate.