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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Personal Injury Law
Satisfied Customers: 111555
Experience:  Licensed Attorney. Over 20 years experience in personal injury and law enforcement.
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I have six weeks before 1 year expires. Please help me

Customer Question

I have six weeks before 1 year expires. Please help me understand CCP §340.5, it is an exception to the statutory section 351 through 356 in regards ***** ***** statute of limitation for a minor in regards ***** ***** negligence: specifically this portion:
"Actions by a minor shall be commenced within three years from the date of the alleged wrongful" does this mean i have 3 years from date of injury for my then - 15 yr old son?
Submitted: 1 year ago.
Category: Personal Injury Law
Expert:  Samuel-II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

What type of injury is this? Medical Malpractice?

Customer: replied 1 year ago.
Hi Samuel, finally a nice intake lady at a law form leveled with me (no one else has or more properly, would, they said they could not because they did not represent me, so therefore wouldn't talk to me at all) she said as long as i mail a certified letter with intent to suit before the 1 is up, this would delay the expiration. My son was only 15 at the time of the incident, if i try to work on this now (i have more issues with my work, no pay raise for five years & also my apartment which has not responded to my requests for repair in 1-1/2 years) will this hurt my sons chances for filing himself at the age of 18?? (i don't think my son will though, its not an eighteen year old thing to be dealing with) i have never filed anything in my life, and these have just built up until i just can't sit here doing nothing about any of it.
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I am a different contributor and look forward to providing you with information you are seeking for educational purposes only.

Under CA law, the courts have held, that potential medical malpractice plaintiff must notify health care providers of his or her intent to sue at least 90 days before filing a complaint. (§ 364, subd. (a). See: Castenada v. Department of Corrections & Rehabilitation (2013) 212 Cal.App.4th 1051, 1068.) The purpose of section 364, also enacted as part of MICRA, "is to decrease the number of medical malpractice actions filed by establishing a procedure that encourages the parties to negotiate `outside the structure and atmosphere of the formal litigation process.'" (Woods v. Young (1991) 53 Cal.3d 315, 320 (Woods).) Section 364, subdivision (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." Notwithstanding section 364, subdivision (d), states the time for filing shall be "extended," the Woods Court held the legislative purpose of section 364, subdivision (d), is "best effectuated by construing section 364(d) as tolling the one-year statute of limitations when section 364(a)'s ninety-day notice of intent to sue is served during, but not before, the last ninety days of the one-year limitations period. Because the statute of limitations is tolled for 90 days and not merely extended by 90 days from the date of service of the notice, this construction results in period of 1 year and 90 days in which to file the lawsuit." (Woods, at p. 325.).

So sending the letter only gives you 90 days from the date of the letter to file suit if you are going to file at all.

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