Time Limits On Filing Personal Injury Claim

Blog Author slip and fall

Lawyers everywhere make a point of learning the local stature of limitations for filing a personal injury claim. A personal injury lawyer in Ontario, Canada must remind the appropriate clients about other limits in that Canadian province. Those limits get included in the guidelines for the victim of an automobile accident, one that took place within Ontario’s boundaries.

Timetable for steps to be taken by a hit driver that resides in Ontario

Notify the insurer of the accident no more than 7 days after it has taken place.

Submit an accident benefits application within 30 days after the day of the collision.

Let the at-fault driver know about any plans to file a lawsuit; be sure that driver receives such notification before the passing of 120 days. In other words, share plans for filing a lawsuit with the at-fault driver, and do that no more than 3 months after the collision that will be the focus of the planned lawsuit.

File lawsuit for vehicle damage separate from lawsuit for a personal injury lawsuit. Complete that first filing by 1 year after the vehicle damaging accident. Complete the second and separate filing no more than 2 years after the same accident.

The courts seldom grant the driver an extension. Those drivers that miss the time limit must abandon their plans for suing the at-fault driver. While few exceptions get made for drivers, local governments do have permission to make their own statute of limitations, for residents of Ontario that plan to sue a government body, with the help of personal injury lawyer in Waterloo.

Generally, anyone that intends to sue a government body inside of Ontario must send a written notice to the government no more than 10 days after any specific accident. That notice must contain information on the date, time and location of the accidental occurrence.

What reason would a resident of Ontario have for suing a government body?

Normally, the victim of a slip and fall incident might feel motivated to sue a government body. That would be the case if the victim had fallen on government property. That would include a fall on the sidewalk, one triggered by a slipping or tripping action.

If a branch from any tree on government property fell and hit some resident, that victim would also have reason for suing the government. By the same token, a pedestrian hit by a car might have a sound reason for suing the government. That would certainly be true if government workers had not kept the local roads and traffic signals in good condition.

On-road problems that could trigger lawsuit

• No safety barrier placed around pot hole or ditch in road
• Poorly-engineered curve
• Poorly-placed pedestrian crossing
• No yield sign placed where entrance ramp feeds onto highway

333 thoughts to “Time Limits On Filing Personal Injury Claim”

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