Legal Question in Personal Injury in California
Filing suit near the end of Statute
Isn't there a way to serve notice onto a party that will grant me 90 days to file suit, as long as my notice of intent is sent before the statute of limitations run out? What is this rule or proceedure called?
2 Answers from Attorneys
Re: Filing suit near the end of Statute
No! If the other party stipulates in writing to waive a statute of limitation defense, that might work. But why risk it? Get a complaint on file timely against the known and unknown defendants. You could always get a lawyer and amend it later before you serve it.
Re: Filing suit near the end of Statute
Dream on. If this is a civil case, you either file timely, or you lose your claim. Statutes of limitations mean exactly what they say. No one in their right mind is going to grant you extra time if you ask.
If you're dealing with medical malpractice, there is a notice period similar to what you describe, but it is very poor practice to rely on it, and you have to comply with some serious prerequisites. You already acknowledge that you don't know the legal system and rules, so go retain an experienced attorney who does. If none will take your case, it is probably because it isn't well founded or valuable enough to invest the huge amounts of time and money required.
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