INTERVIEW ON THE PRICE OF BUSINESS SHOW, MEDIA PARTNER OF THIS SITE.
Recently Kevin Price, Host of the nationally syndicated Price of Business Show, interviewed Alexander Paykin.
The Alexander Paykin Commentaries
Procrastination Has a Price
Many clients underestimate how quickly time limits run in litigation. They may spend months gathering documents, negotiating, or hoping for voluntary resolution. Unfortunately, by the time they seek counsel, the legal window for action may already have closed.
Statutes of Limitations and Deadlines
A statute of limitations (SOL) sets the outer limit for bringing a lawsuit. Once that date passes, courts will almost never hear the claim.
- Contract claims: Often six years
- Negligence or injury: Usually three years
- Intentional torts: Sometimes one year
- Claims against public entities: Often much shorter, with preliminary notice requirements
Each case must be calculated carefully—because even one day late can be fatal.
Notices of Claim and Administrative Prerequisites
When suing municipalities, school districts, or other public authorities, plaintiffs must typically file a Notice of Claim within 90 days of the incident. Certain administrative or employment claims require filing with agencies (like the EEOC or Division of Human Rights) before going to court.
Failing to file timely, or failing to exhaust these remedies, can permanently bar your claim.
Laches: When Delay Itself Defeats the Claim
Courts also recognize laches, an equitable defense preventing recovery where the plaintiff’s unreasonable delay causes prejudice to the defendant. For example, if years pass before you act, and key witnesses or documents are gone, a court may refuse to grant relief—even if the statute of limitations hasn’t expired.
Lost Evidence and Faded Memories
The passage of time dulls recollection. Witnesses move, retire, or pass away. Documents get misplaced, and electronic communications are deleted under standard retention policies. Every month that passes increases the difficulty of building a coherent, persuasive case.
Conditions Precedent and Timing Traps
Some contracts require parties to mediate or arbitrate disputes before filing suit. Others require formal claims procedures with strict deadlines. These pre-litigation steps consume time—and if started too late, can make it impossible to reach court before the SOL expires.
Practical Advice: Move Early and Strategically
- Consult counsel immediately after any potential dispute arises.
- Document everything while evidence is fresh.
- Calendar all deadlines and procedural steps.
- Don’t assume extensions—courts rarely excuse missed limitations periods.
Conclusion
Timely action is not just procedural housekeeping—it is the foundation of your right to recovery. Once time runs out, no amount of merit can revive your claim. Protect yourself by acting early, staying informed, and seeking legal guidance before deadlines close the courthouse doors.
