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How Long Does Someone Have to Sue After a Car Accident?

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How Long Does Someone Have to Sue After a Car Accident?

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.
long someone sue car accident in ontario

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 long time to settle. Generally, your first step is to request compensation from the insurance company of the person you plan to sue. They will then try to directly negotiate with you and settle the issue out of court, since personal injury lawyers may be able to get you more compensation in court.

Next, you’ll file a Statement of Claim with the court office, beginning the lawsuit. The defendant will be served this statement.

You may then enter a mediation period where your Car Accident lawyer and the insurance company try to settle the case, negotiating a number that satisfies all parties. After this, the pre-trial phase begins where your personal injury lawyer and the insurance company’s legal representatives meet with the judge, who will offer their opinions on your case. Your lawyer will then make recommendations about whether or not it is in your best interests to proceed with the case.

You should plan on this process taking at least 12 to 24 months to resolve.

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.

 

Content updated: Originally published Oct. 27, 2017

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
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Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
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My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
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Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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