Medical Malpractice
Procedural Requirements
Pre-suit notice statutes require a prospective plaintiff to notify each intended defendant before filing suit, typically with a description of the claim and sometimes supporting expert materials. A waiting period follows during which the parties may investigate and attempt resolution.
The limitations period is usually tolled during the notice period.
Alternative Names:
Notice of Intent to Sue, Pre-Suit Notice Requirement
Why it Matters?
Notice requirements are strictly enforced and are a frequent basis for dismissal. Because the underlying limitations period is often short, a claimant who serves defective notice may find the claim time-barred by the time the defect is identified. Defense counsel should verify compliance immediately: whether each defendant was served, whether the content satisfied the statute, and whether suit was filed within the correct window.
Frequently Confused with
Related terms
Frequently asked questions
What happens if pre-suit notice is defective?
Does the notice period toll the statute of limitations?
