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Maverick
Maverick, Attorney
Category: Legal
Satisfied Customers: 5767
Experience:  20 years experience as a civil trial and appellate lawyer
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I have four days left before Statue of Limitation expires

Customer Question

I have four days left before Statue of Limitation expires for a medical malpractice case I would like to file against my General Practitioner for mot ordering the proper xray for a foot injury on May 21, 2015 which was left misdiagnosed and untreated until October 8,2015 when a Foot Specialist ordeed the proper xray and discovered that my foot had 3 fractures, completely torn ligament and a reversed arch had all healed in the wrong positions leaving my foot grossly deformed with NO support and very painful to walk on daily. I need to know the proper format for writing a 90 Day Letter of Intent To Sue in California for Medical Malpractice.
JA: Can you tell me what state this is in? And do you have copies of the medical records?
Customer: San Jose, CA As of today I do not have copies of the Medical Records
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have sent out at least 40 case evaluations over the past few months and ONLY 1 Attorney would speak to me and he said my case was too complicated
Submitted: 2 months ago.
Category: Legal
Expert:  Maverick replied 2 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review, analyze and/or research your inquiry and I will be back.

Customer: replied 2 months ago.
thank you
Expert:  Maverick replied 2 months ago.

CCP § 364, subd. (d) provides: If the notice is served within 90 days of the expiration of the applicable statute of limitations, the time for the commencement of the action shall be extended 90 days from the service of the notice.

Here is a sample notification letter.

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Customer: replied 2 months ago.
I have 3 days to write the letter, send it via certified mail return receipt requested and then do i have to file this action with the court within the 3 days or just file the claim within 90 days of service of the notice
Expert:  Maverick replied 2 months ago.

Yes, you must get the letter to them asap and I would send it by fax, email, regular mail certified mail , AND certified mail return receipt requested. Then, you have 90 days from the date of service to file the actual suit.

Customer: replied 2 months ago.
thank you. so do i understand it correctly that I can still ask you 4 more questions within my 1 month membership regarding this issue even after I rate you today or after i rate you now we are done?
Expert:  Maverick replied 2 months ago.

I have never read this policy that you speak of; can you please send me a copy of it?

I am happy to answer a few follow-up questions for you if they do not require an unreasonable amount of my time to do so.

You are free to rate me now or later or not assign any rating. That part is entirely up to you.

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