Legal Question in Mediation in California

medical malpratice negilgence

If I submitted a letter, to the person or people, of whom I would be suing, in addition to waive 90 days, could I still file a lawsuit, even if it's pass the statue of limitations. is it true, you can ask for a 90 day extension?


Asked on 9/24/07, 7:04 am

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: medical malpratice negilgence

It's risky. What you're seeking is a stipulation that the defendant will not raise the statute of limitation as a defense.

If you give the medical practitioner the requisite written notice of intent to sue under Code of Civil Procedure section 364(a) within 90 days of the running of the statute of limitation, the statute will be tolled for 90 days. ยง 364(d). Good luck.

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Answered on 9/24/07, 7:29 am


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