How Long Does Someone Have to Sue After a Car Accident?July 17, 2022
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
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