Am I out of Time to Sue?
The old adage “Better late than Never” applies in many situations – like cleaning the house, apologizing after a fight or taking up a new hobby. It does not however apply to making a claim after you have been injured in an accident. In those instances, the better adage is “The Early Bird gets the Worm”!
2 Year Limitation Period
In the usual set of circumstances, an injured person in Ontario has to start a claim for personal injury damages within 2 years of the accident. This is known as the Limitation Period and applies whether the accident was a slip and fall or a motor vehicle accident. Failing to start your action within this timeframe can mean that your right to recover damages may be lost.
Although the Limitation Period is a firm deadline, there are exceptions in certain cases. For example, if the injured victim is a minor, the limitation period does not begin to run until the minor reaches the age of majority (unless the minor is represented by a litigation guardian in relation to the claim). In Ontario, the age of majority is 18 years old.
Other Notice Periods
Apart from the Limitation Period, there may be other notice requirements which apply. Some of these may be very short – as in the instance of suing a Municipality for a failure to maintain a municipal roadway, where notice must be given within 10 days of the accident, in addition to starting the action within 2 years.
Additional notice periods affect you if you are applying for no-fault benefits after a car accident. Read our blog Important Deadlines for Car Accident Victims for further information about these notice requirements.
Contact Ontario’s Injury Lawyers
Speaking with an experienced personal injury lawyer shortly after an accident helps to ensure none of these important deadlines are missed. Our team of experienced personal injury lawyers have the knowledge and expertise to ensure your rights are fully protected and that your action proceeds in a timely manner. Contact us today toll free at 800.563.6348 to complete our Contact Us Form for a free initial consultation.