TL;DR
- Most personal injury claims must be filed within 2 years of the accident date under Ontario’s Limitations Act.
- Accident benefits applications should be submitted within 30 days, making it important to act quickly after a collision.
- Filing early is recommended, ideally within the first few months, as notifying the other party promptly can strengthen your position.
- Personal injury lawsuits often take 12–24 months or longer to resolve due to negotiations, mediation, and potential court proceedings.
- Hiring a lawyer early helps protect your rights, meet important deadlines, and maximize your chances of obtaining fair compensation.
After a car accident, there are many things victims have to think about. From doctor’s visits to missed work, it can be an incredibly stressful time. One of the most important things to be aware of is that if you think you’ll file a lawsuit after your accident, you have a limited amount of time in which to do so. How long someone can sue after a car accident in Ontario.
Below, you’ll learn about the timeline for filing a lawsuit and how a car accident lawyer can help.
Beginning a Claim
After an accident, you may be wondering whether you can begin a claim even if it is a minor car accident you could be looking to sue someone if the circumstances warrant it. If you are a local resident, you may also want to know more about time frames and laws in Ontario, Canada.
The Ontario Limitations Act states that anyone who has sustained a personal injury because of a car, bicycle, or other accident has two years from the date of the accident to file their claim with the court. If you fail to do this by the deadline, you may not be able to recover compensation from your insurance company or the person who is responsible for your injuries. So can you sue someone two years after a car accident? Sometimes exceptions can be made, depending on your circumstances.
In addition to this timeline, you need to send in your initial benefits claim application within 30 days. So if you are wondering when to get an attorney for a car accident the answer is the sooner the better.
When Should I File?
It’s best to file your claim within 3 months of your accident as you will be seen more positively in the eyes of the court if you notify the other driver of your intent to sue within 120 days. Sometimes injuries are not apparent by this point and you may need to file a claim after this point.
Additional Timeframe Information
Personal injury cases can take a significant amount of time to settle. The first step is usually to request compensation from the insurance company of the person you intend to sue. The insurance company will often attempt to negotiate directly with you in an effort to reach an out-of-court settlement. However, personal injury lawyers are often able to secure higher compensation through the courts.
If an agreement isn’t reached during negotiations, you will file a Statement of Claim with the court, officially starting the lawsuit process. The defendant will then be served with this document.
Afterward, you may enter a mediation phase where your car accident lawyer and the insurance company attempt to negotiate a settlement that satisfies all parties involved. If mediation doesn’t lead to an agreement, the pre-trial phase will begin. During this phase, your personal injury lawyer and the insurance company’s legal representatives will meet with the judge, who will provide their opinion on the case. Based on this, your lawyer will offer guidance on whether it is in your best interest to continue pursuing the case.
It is important to plan for this process to take at least 12 to 24 months to resolve, as cases can be complex and involve multiple stages.
Why Work With a Car Wreck Lawyer
Working with a lawyer will make the process of meeting deadlines much easier than if you were working alone. Some of these deadlines involve returning forms to your insurance company to make sure you are fairly compensated. If you are suing the other party but not their insurance company, this can be especially complicated.
It’s best to consult with a lawyer as soon after your accident as possible. This will give you a sense of how strong your case is and what your legal rights are. Consultations are typically free and even if you decide not to sue, they can provide you with useful information.
If you’ve been injured in an accident even a minor one and want to find out more about filing a lawsuit, download our personal injury recovery kit or contact our experienced team of auto accident injury attorneys for a consultation.
