People who are injured as a result of somebody else’s negligence or carelessness need to be aware that there are time limits to make claims for pain and suffering, income loss or medical and rehabilitation expenses, and even claims for the suffering and economic losses of family members.
Under the Ontario Limitations Act, most claims need to be started within two years after an incident occurs. However there are a myriad of exceptions and tricks that only seasoned personal injury lawyers such as the ones in our firm know about. For example, where a person is severely physically and psychologically injured as a result of an assault or sexual assault, and is incapable of starting a claim because of his/her injuries, the time period can be extended.
In the case of injury resulting from medical malpractice, the two year limitation period starts to run from the date the injured party first become aware of the injury. So if a doctor botches your surgery, and you do not realize what the first doctor had done to you and why you were suffering for so long until you see another doctor years later, then the two year window to sue would start at that point.
Many people are not aware that, in the cases of children who suffer personal injuries, the two year limitation period does not start to run until they reach the age of eighteen. That means that a child who suffers a head injury at a very young age, where it is difficult to understand the extent that head injury might have on their emotional development, their educational pursuits and more, would not have to start an action until he or she knew the full impact of the injuries. That child would actually have until as late as age 20 (two years after he or she turns eighteen) to commence a lawsuit.
Another important legal concept is what’s known as “discoverability”. Akin to the malpractice example listed above, this legal principle results in a limitation period starting when the existence of a claim is first discovered. The lawsuits against the tobacco industry were only started after people became aware that tobacco companies knew their products were harmful, and had hid this information from the public. In a similar vein, you might have suffered a mild brain injury in a car accident, but your symptoms were not discovered by you until some time had passed and friends and family (and eventually a doctor) began to notice the gradual changes in your emotional state and your cognition.
Some insurance policies try to limit the time you have to make a claim. For example, if you suffer injury due to a fire started negligently in a nightclub, you may have only 1 year to make your claim. However, there is case law that our firm’s experienced lawyers are aware of to keep you from losing the compensation to which you are entitled due to the provisions of an insurance contact.
If you have been injured in an accident or as a result of an individual or company’s negligence, don’t wait to call an experienced personal injury lawyer. If you wait too long, you may be precluded from making you claim and getting the compensation you deserve. Even if you think your injury happened too long ago, you should still speak to someone in our firm because you may still be within time, or we will use our years’ of experience and our extensive knowledge of the various limitations periods and exceptions to find a way to advance your claim despite the apparent expiry of a limitation period.
