In Ontario, as in just about every state and province, the rules on the statute of limitations apply to those victims that were aware of what had happened at the time of the accident. In addition, each of those same victims should have identified the person responsible.
Times that represent an exception to the assumptions mentioned above:
• When the victim was a minor.
• An injury makes a victim unable to present a claim.
• The victim of a sexual assault has been injured.
• At any of the times mentioned above, the victim has 15 years in which to file a claim.
What is the statute of limitations in a normal, post-accident situation?
Then the statute of limitations would be 2 years. If someone has been injured on city property, he or she has 10 days in which to notify that came municipality.
Another deadline that should be noted by residents of Ontario
If a resident of Ontario gets injured in a car accident, he or she can file a personal injury claim. In addition, that same accident victim can seek accident benefits. An application for such benefits must be submitted no more than 30 days after the accident.
Suppose someone gets injured while visiting a provincial building, then what should be done?
That victim must follow the same procedure as someone that plans to file a claim against a municipality. The proper department within the Province should be notified of the victim’s intentions. It should receive that notification within 10 days of the accident.
The expected follow-up to the filing of a claim
Victims of a personal injury should not complete the act of filing a complaint and then relax, waiting to see what happens. A letter needs to be sent to the offending party. If the victim has hired a Personal Injury Lawyer in Sudbury, that lawyer can write and send that same notification/letter.
Lawyers appreciate the value in sending out such a notification no more than 6 months after the accident. A plaintiff’s willingness to contact the defendant would get noted by the judge, if the case were to go to trial. Hence, that simple action manages the strengthen the plaintiff’s case.
If, on the other hand, the plaintiff failed to arrange for composition of such a letter, the reverse would be true. In other words, the defendant’s case would become that much stronger. The defendant would have been denied the anticipated amount of time in which to gather pieces of evidence.
Both sides can work to sway the judge’s and jury’s opinion by presenting noteworthy pieces of evidence. At the same time, any detailed evidence must be put in a framework that that members of the jury will understand.