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Page 30 of 36 |
There is plenty of time left under the statute of limitations. Should I sue? |
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Just because there is a long period of time before a lawsuit must be filed does not mean that you should wait until just before the period expires before filing. There are cases in which a messenger taking papers to the court on the last day went to the wrong court and did not discover the mistake until the next morning – one day late – meaning the papers were not filed on time. The result was the case was dismissed. It might even be possible for a state to shorten a statute of limitations (or change tolling statutes) that could bar your old claim.
Where the lawsuit seeks to enjoin certain conduct, as an "equitable" matter, in addition to the defense of the applicable statute of limitation, a defendant may raise the argument of "laches". Essentially this is a court-imposed concept that if the plaintiff has been "sleeping" on his/her rights for a long time, recovery should be barred.
Lawyers use the following adage: "If you snooze, you lose." Never risk getting caught short. |
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