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Not everyone realizes this, but there is a time limit on filing a personal injury claim in Ontario. According to Ontario’s Limitations Act, 2002, a person who has been injured in an accident has two years to begin legal action if they choose to make a personal injury claim.
While this sounds simple, the reality is that there are provisions and exceptions that can be confusing. There are also sometimes amendments to take into consideration that need to be made over years. A skilled accident lawyer will have the knowledge to assess your situation to help you determine the best way to proceed, and help you win your case.
The Ontario Limitations Act limits the amount of time you have available to file legal action when you’ve been hurt in an accident. This applies to all types of accidents including work related injuries, slip and fall accidents, and car accidents. According to the Act, any legal proceedings put forward because of an accident must be started within two years of the claim’s discovery. The day of the claim’s discovery is the day of the act or the situation that lead to the loss, injury or damage. Another way to explain it is the day of the claim’s discovery is the day that you, as the injured party, knew (or should have known) about the injury.
The limitation period is applicable to all adults. It does not apply to minors or people who can’t pursue a claim due to mental, psychological or physical conditions that may have prevented them from doing so immediately. This is the summary of the legal language of the Ontario Limitations Act. For details of how this act could affect your claim, contact a personal injury lawyer. Often, initial consultations are free so looking into the possibility of proper representation is not a huge financial risk. The bigger risk is not getting the maximum amount out of your claim.
Who Can Be Sued
When filing a personal injury lawsuit, it applies to a variety of people who may be sued for personal injury. Examples of professions in which the two-year limitation applies include surgeons, doctors, architects, engineers, dentists, or even a municipality.Under certain circumstances, a plaintiff may also sue the Provincial Crown. If a person chooses to legally challenge the Provincial Crown, there’s a mandatory two month/60 day waiting period before the plaintiff can begin the lawsuit. This means that once the plaintiff has given the Provincial Crown notice of the lawsuit, no actual legal proceedings start until 60 days later.
Considerations for Lawsuit Limitations
There is a great deal involved in determining what limitation periods are acceptable when filing a personal injury claim. Some things to take into consideration include the type of injury, the severity of the injury, how the injury was caused, who is suspected to be at fault for the injury, and the condition of the plaintiff before the injury. There may also be a variety of other individual facts that need to be taken into consideration and which could affect how much time is available to give notice of a claim and pursue it.For the most up to date and accurate information, contact a skilled Personal Injury Lawyer in Ottawa.