Personal injury lawsuits operate under a forced timeline of two years as they are subjected to Ontario’s Limitations Act—but what happens if a personal injury prevents a person from making a decision?
When someone is incapacitated from a personal injury accident, whether due to physical, emotional or mental incapabilities, what are their legal rights to recourse? Accident victims, under the Limitations Act have only two years to file a claim—however, special circumstances are possible.
Special Circumstances
Few laws are 100% cut-and-dry and the Limitations Act is no different. While personal injury accident claimants have just two years to file a claim, there are exceptions made for ‘special circumstances’. The laws for special circumstances however are also complex, and need to by addressed on a case-by-case basis. If a personal injury prevents a person from making a decision, or from creating a claim, call Jane Conte—we can help you determine if you qualify for special circumstances due to your personal injury preventing you from making a decision or claim.
Power of Attorney and Guardian of Property
If a personal injury victim is incapacitated to the point that there is no realistic hope of them recovering in time to launch a claim families may seek ‘power of attorney’ or a ‘guardianship of property’ (this may be necessary for other financial matters as well). This Litigation Guardian is generally assigned to the victim’s children, spouse (or other immediate family should no spouse or child be available) as the position offers you power over the personal injury victim’s legal and/or financial and/or medical welfare.
In the event of a personal injury victim being incapacitated and unable to make a decision or claim in their personal injury case then someone with legal authority may file the claim for them. The victim will then be declared to be a person under disability and a Litigation Guardian will be assigned to an individual who can then work with legal counsel to represent the personal injury victim’s best interests.
What Can I Do if a Personal Injury Accident Prevented me from Making a Decision or Filing a Claim?
If you or a loved one was injured in a personal injury accident and need help defending your rights and entitlements, then call Conte & Associates – Whitby and Oshawa’s leading personal injury attorneys. We’ll help you through what happens if a personal injury prevents a person from making a decision.
