What Is the Statute of Limitations on Personal Injury Claims?

The statute of limitations in Canada varies depending upon the type of case you wish to pursue. If you do not seek legal action with this time frame, you lose your right to sue.

In most provinces, the statute of limitations for a personal injury claim is two years. Generally speaking, the period for the statute of limitations begins when the injury was discovered or should have been discovered. In most cases, the discovery of harm occurs right after the time the accident occurred. However, in personal injury claims related to medical malpractice, the discovery of harm occurs when the patient learns of the error. For example, if you had abdominal surgery, began experiencing pain several days later, and subsequently found out the doctor had left a sponge in your abdominal cavity, the statute of limitations begins while the sponge is discovered.

This two year rule regarding the statute of limitations only applies to adults over age 19, however. For someone under age 19, the statute of limitations period does not begin until they reach their 19th birthday.

To protect your legal rights, it’s best to contact an experienced personal injury lawyer as soon as possible. Gathering evidence becomes more difficult as time passes and recruiting medical experts to testify takes time. A proactive approach helps ensure that you’ll receive the maximum amount of compensation the law allows.

If you are searching for an experienced personal injury lawyer, please contact Conte & Associates at 1.877.614.008. Based in Whitby/Oshawa, Conte & Associates is committed to helping accident victims receive the compensation they deserve.

Jane Conte’s practice has always focused exclusively on personal injury litigation. She holds an LL.B. from the University of Windsor’s Faculty of Law and has been certified as a member of the Million Dollar Advocates Forum as well as the Multi-Million Dollar Advocates Forum. These groups recognize the accomplishments of lawyers who have successfully obtained million and multi-million dollar verdicts on behalf of their clients.

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