dl20
Distinguished Member
- Joined
- Nov 27, 2007
- Messages
- 1,232
- Reaction score
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ok, So my friend is a lawyer and has been losing sleep over a mistake that he thinks he made. I suggested he post here as there are obviously many lawyers on the board. Any feedback you could provide he would greatly appreciate.
"I had to file a lawsuit for medical malpractice in DC. Under the law, I was required to write a letter to defense council notifying them of my intention to file the lawsuit. The law provides that the notice letter must be served at least 90 days before filing the complaint. There is another provision that provides that if the notice letter is served within less than 90 days of the statute of limitations, time for filing shall be extended for 90 days. I served the notice letter on december 14th, the day the statute expired. I filed the complaint on March 14th, 91 days after the notice letter was served. When I read the 2 provisions together, i thought I had to wait 90 days and then file the complaint, but now I am thinking I had to file on the 90 th day which would have been march 13th. Do you think the compaint was timely filed? (These are new laws enacted in March 2007, and there are no interpreting cases)"
Kind of a random post but as I said I'd appreciate any feedback.
Thanks in advance
DL20
"I had to file a lawsuit for medical malpractice in DC. Under the law, I was required to write a letter to defense council notifying them of my intention to file the lawsuit. The law provides that the notice letter must be served at least 90 days before filing the complaint. There is another provision that provides that if the notice letter is served within less than 90 days of the statute of limitations, time for filing shall be extended for 90 days. I served the notice letter on december 14th, the day the statute expired. I filed the complaint on March 14th, 91 days after the notice letter was served. When I read the 2 provisions together, i thought I had to wait 90 days and then file the complaint, but now I am thinking I had to file on the 90 th day which would have been march 13th. Do you think the compaint was timely filed? (These are new laws enacted in March 2007, and there are no interpreting cases)"
Kind of a random post but as I said I'd appreciate any feedback.
Thanks in advance
DL20