{"id":2429,"date":"2016-11-18T18:53:18","date_gmt":"2016-11-18T18:53:18","guid":{"rendered":"http:\/\/contelawyers.ca\/?p=2429"},"modified":"2016-11-18T18:53:18","modified_gmt":"2016-11-18T18:53:18","slug":"statute-of-limitations-ontario-personal-injury","status":"publish","type":"post","link":"https:\/\/contelawyers.ca\/statute-of-limitations-ontario-personal-injury\/","title":{"rendered":"Be Prepared for Accidents: Get to Know the Statute of Limitations in Ontario"},"content":{"rendered":"

Understanding the Statute of Limitations in Ontario<\/span><\/h2>\n

When you\u2019re injured in an accident, dealing with the statute of limitations in Ontario isn\u2019t likely the first thing that comes to mind. You\u2019re probably focusing on the pain you\u2019re feeling and the emotional trauma you\u2019re experiencing.<\/span><\/p>\n

But it\u2019s very important to your case, and it\u2019s integral to getting the compensation you deserve. If you wait too long, you might lose your rights to sue the person who hurt you. <\/span><\/p>\n

It\u2019s important that you understand what you need to do if you\u2019ve been injured in an accident. Making your claim on time is one of these things. <\/span><\/p>\n

Read on to find out all the important information about the statute of limitations in Ontario so you\u2019re covered if the unfortunate happens to you.<\/span><\/p>\n

\"Reporting<\/p>\n

What is the Statute of Limitations?<\/span><\/h3>\n

The statute of limitations determines how long after an accident you can make a claim. When you\u2019ve been in an accident, you only have a certain amount of time to sue. After that, your legal rights to do so are taken away.<\/span><\/p>\n

This is <\/span>outlined<\/span><\/a> in the Ontario Limitations Act of 2002, and regulated by the courts. If you have any issues with your specific case, you have to take it up with a judge.<\/span><\/p>\n

There are also other time limits to consider, such as the time you have to apply for benefits or disability compensation. For example, you have 30 days to apply for accident benefits.<\/span><\/p>\n

If you miss one of these other time limits, your case could be dismissed completely. You could also be ordered to pay the legal costs for both sides. <\/span><\/p>\n

The time limit is different in every province. If you\u2019re living in Ontario, it\u2019s important that you get to know the regulations and limitations for your specific personal injury claim. <\/span><\/p>\n

Contact a Toronto personal injury lawyer<\/a> as soon as possible to avoid missing these limitations.<\/span><\/p>\n

\"How<\/h3>\n

The Statute of Limitations for an Accident in Ontario<\/span><\/h3>\n

You have a 2 year statute of limitations for almost all personal injury <\/span>cases<\/span><\/a>. This begins on the day the accident happened.<\/span><\/p>\n

Sometimes you might not know you\u2019re injured until some time after the accident. In this case, you have two years from the day you discovered the injury to make your claim. <\/span><\/p>\n

There are some situations where the time limit is shorter because you have to give notice to the opposing parties. But these are very specific cases and often depend on circumstances.<\/span><\/p>\n

If you are suing a municipality, or a provincial government, you\u2019re generally required to give them a certain amount of notice. For example, this could happen if you are injured from a poorly maintained road, or if you slip on ice on city property.<\/span><\/p>\n

These time periods vary, but they are usually about 10 days. It\u2019s important that you double check as soon as you decide to make your claim<\/a>. If you don\u2019t pay attention to this requirement, it could affect your ability to make the claim at all. <\/span><\/p>\n

It\u2019s important to understand this process so you can avoid making any crucial mistakes. Procrastination is not your friend when it comes to personal injury law.<\/span><\/p>\n

\"What<\/p>\n

What Happens if I Wait Too Long?<\/span><\/h3>\n

If you wait longer than the 2 years outlined in the Ontario statute of limitations, you won\u2019t be able to claim your benefits or make a case against the other party. You will essentially lose your legal right to take action.<\/span><\/p>\n

Your case could also be at risk if you wait longer than 120 days to notify the opposing party of your intent to sue. This isn\u2019t exactly a statute of limitations, and you can still make the claim after this time. However, this could still negatively affect your case.<\/span><\/p>\n

\"\"<\/a><\/p>\n

While there are always exceptions to the rules, you shouldn\u2019t risk this unless the circumstances are extreme. For example, if the act was a criminal act, you might be granted a judge\u2019s permission to <\/span>extend<\/span><\/a> the time period. This is not guaranteed.<\/span><\/p>\n

The only official <\/span>exception<\/span><\/a> to the statute of limitations for a personal injury case is if the victim is under age 18. If this is the case, the victim has 2 years after their 18th birthday to make the claim.<\/span><\/p>\n

\"Personal<\/p>\n

So When Should I Make my Claim<\/a>?<\/span><\/h3>\n

Even though most cases allow up to 2 years to file your claim, you shouldn\u2019t wait that long. As stated before, if you push it too far you could end up losing your right to make the claim.<\/span><\/p>\n

Ideally, you want to make your claim within 3 months of the accident. The longer you wait, the more the details could become blurry and you might forget some important information. <\/span><\/p>\n

It could become difficult to find the right evidence you need if you wait longer than 3 months. By this time, witnesses could disappear or forget crucial information or you could lose important records. <\/span><\/p>\n

Additionally, if you wait longer than 3 months, the medical expenses could pile up. If you\u2019re actively seeking treatment during the time you\u2019re waiting for your claim, you could lose out on a lot of income. <\/span><\/p>\n

If you\u2019re in a car accident in Ontario, follow the important <\/span>steps<\/span><\/a> to make sure you\u2019re eligible for the best outcome you can get. It\u2019s never too early to start your claim.<\/span><\/p>\n

Don\u2019t Wait! Contact Conte & Associates Today<\/span><\/h3>\n

If you\u2019ve been hurt in an accident that was someone else\u2019s fault, you need to act fast to start your claim. Hire a lawyer<\/a> as soon as you can so you don\u2019t miss any important deadlines or time limits.<\/span><\/p>\n

Conte & Associates are aggressive, experienced personal injury lawyers who don\u2019t stop fighting for you until you get what you need to move on in your life. We work with the top medical experts in Ontario to get you everything you need. <\/span><\/p>\n

Don\u2019t wait longer than you should. Contact<\/a> our offices in Whitby and Oshawa for your free consultation today.<\/span><\/p>\n

\"Top<\/a><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Understanding the Statute of Limitations in Ontario When you\u2019re injured in an accident, dealing with the statute of limitations in Ontario isn\u2019t likely the first thing that comes to mind. You\u2019re probably focusing on the pain you\u2019re feeling and the emotional trauma you\u2019re experiencing. But it\u2019s very important to your case, and it\u2019s integral to […]<\/p>\n","protected":false},"author":3,"featured_media":2509,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[80,84,72,27],"tags":[],"acf":[],"_links":{"self":[{"href":"https:\/\/contelawyers.ca\/wp-json\/wp\/v2\/posts\/2429"}],"collection":[{"href":"https:\/\/contelawyers.ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/contelawyers.ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/contelawyers.ca\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/contelawyers.ca\/wp-json\/wp\/v2\/comments?post=2429"}],"version-history":[{"count":0,"href":"https:\/\/contelawyers.ca\/wp-json\/wp\/v2\/posts\/2429\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/contelawyers.ca\/wp-json\/wp\/v2\/media\/2509"}],"wp:attachment":[{"href":"https:\/\/contelawyers.ca\/wp-json\/wp\/v2\/media?parent=2429"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/contelawyers.ca\/wp-json\/wp\/v2\/categories?post=2429"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/contelawyers.ca\/wp-json\/wp\/v2\/tags?post=2429"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}