Legal Question in Civil Litigation in California
Statue of Limitations Runs Out Very Soon
I am a new attorney and have been asked by a desparate friend to help him out and it is beyond my experience. By the end of the month his statute of limitations runs out and he wants to sue his dentist for malpractice. The case has to do with an improperly placed bridge and subsequent improperly completed root canal. The end result after many failed attempts was implants. Four other dentists concurred regarding the dentist's negligence and how far it fell below the standard of care, but wouldn't provide written documentation when requested. Apparently they were more interested in benefiting from doing the extensive repair work. I'd like to find him an attorney in the Los Angeles area who could help him, one specializing in dental malpractice who could better review it than me. His damages are at over $20,000 in dental work, lost time from work and lots of pain and suffering for the past two years. Mostly I'm concerned about saving him from the looming statute. Should he file or can there be an extension? Thanks for responses.
1 Answer from Attorneys
He should file!
There is no way to extend a statute of limitations unless the other side stipulates (Get it in writing!), which few will do unless they see some real advantage.
The complaint he files need not be perfect, as it can be amended later if need be. I don't mean to condone sloppy pleading, but sometimes this is the only way to file a complaint where a statute is looming. Because most judges won't tolerate too many revisions to the complaint, the attorney should do the best job possible under the circumstances. Where the circumstance includes an immediate deadline, corners can be cut and repaired later.
(I once had to draft a complaint in Federal court in Los Angeles beginning about five hours before the statute ran. Allowing time for printing, copying and delivery, this left me two hours to write. I'm not too proud of the way the complaint looked, but we beat the statute and preserved the claims.)
You and/or your friend can contact me if you like.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
