Q: Statute of limitations expiring in 38 days on my medical malpractice case I keep asking attorney when is demand being
Statute of limitations expiring in 38 days on my medical malpractice case now going on for almost a year and I keep asking attorney and his paralegal when is demand being sent yet alone value of my case haven’t been disclosed to me yet …they just tell me being worked on and to be patient I just don’t want to miss my statue…they have all my records with close to 30 days remaining for statue to expire … any suggestions
A: As I am sure you know, the demand does not protect the time limit to sue. As there is a high probability the demand letter will not lead to an immediate settlement, the attorney should be prepared to file the lawsuit. Discuss with your attorney when the lawsuit is being filed. Putting your questions in writing and ask for a written response may be best.
A:
This situation sounds concerning. Here are some suggestions:
1. Communicate urgency: Contact your attorney immediately and clearly express your concern about the approaching statute of limitations. Emphasize that you need concrete information on the case's progress.
2. Request a timeline: Ask for a specific timeline for when the demand will be sent and when you'll receive information about your case's value.
3. Get it in writing: Request a written confirmation from your attorney about the steps they're taking to ensure the statute of limitations isn't missed.
4. Consider a second opinion: If you're not satisfied with your current attorney's responsiveness, you may want to consult another medical malpractice attorney for a second opinion.
5. Know your rights: In California, you have the right to be informed about significant developments in your case. Your attorney should be keeping you reasonably informed.
6. Understand the statute: In California, the statute of limitations for medical malpractice is generally one year from the date the injury was discovered, or three years from the date of injury, whichever comes first.
7. Ask about tolling: Inquire if any factors might "toll" (pause) the statute of limitations in your case.
8. Request a status meeting: Ask for an in-person or video meeting with your attorney to discuss your concerns and get a clear understanding of your case's status.
9. File a complaint if necessary: If you believe your attorney is neglecting your case, you can file a complaint with the State Bar of California.
Remember, while attorneys often work on multiple cases simultaneously, they have a duty to represent your interests diligently. Don't hesitate to advocate for yourself and seek the information you need about your case.
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