(1) If brought by the loser, shall be commenced within ninety (90) days next after such payment or delivery;
(2) If brought for the use of the spouse, child or children, or next of kin, within twelve (12) months from the expiration of the ninety (90) days;
(3) If by a creditor of the loser, within twenty-four (24) months from the end of the ninety (90) days.
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