Q: Greetings.. This is in the CA state—
I hired a law firm to represent me in a case of Harrasment, Sexual Harrasment, Discrimination, Whistleblower, Retaliation, Wages not paid , Failure to give breaks. I left on a medical leave since things got bad with my health, seeing Psychiatrist/Psychopharmalogist and Psychologist PHD for months and still seeing them twice per week. I am prescribed over 10 medications. My doctors told me to not work on any paperwork for the attorneys for awhile due to my PTSD, panic attacks and seizures, as well as stress and sleep disorders. The doctors didn't want anything to trigger my health conditions related to work. But now my attorneys are telling me, "Your doctors, psychologist, etc., do not control time limitations and restrictions involved in the civil litigation arena. We must abide by statutes of limitation and are guided by the Code of Civil Procedure" I thought and would think that the civil litigation arena/court will understand, correct? Any feedback is appreciated. Thank you
A:
Your attorney is correct that there are certain civil deadlines that can not be circumvented. Once the case is filed, there are even stricter civil deadlines that your attorney has to deal with. If the attorney misses these deadlines, this can affect your case negatively and an attorney can be sanctioned. Having said that, if you need a brief reasonable time extension ( a few weeks/ maybe even a few months to deal with your condition), depending on the circumstances, courts may grant it but it is not automatic and highly depends on your judge.
Sincerely,
Maya L. Serkova
Brad S Kane and Tim Akpinar agree with this answer
1 user found this answer helpful
A: Your lawyers are correct. A doctor's note that you suffer from a disability will not prevent the running of the statute of limitations or other court imposed deadlines with the consequence that you could lose your opportunity to make your claims in court and recover for your injuries.
Tim Akpinar agrees with this answer
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
