Brampton personal injury lawyers know from experience that when accidents happen and people are injured, this is a time of great physical, financial and emotional turmoil for the injured and their families.

Accidents, when thoroughly investigated, are generally found to have been caused by someone’s fault or neglect. In such cases, victims and their families are entitled to seek compensation from those responsible for the accident that caused such injuries.

Contact the nearest personal injury lawyer in Brampton if you or a dear one has been injured in an accident. 

Statute of Limitations

Whatever the nature of your accident, under Ontario laws, outer limits are set within which to initiate legal action counting from the date the accident took place.

The Ontario Limitations Act came into force in 2004. A claim is defined under this act as an action “to remedy an injury, loss or damage that occurred as a result of an act or an omission.”

It establishes a Basic Period of two years from the date of Discovery (which is usually the day on which the incident occurred) subject to certain exceptions, within which action needs to be brought against a defendant. This can also be interpreted as the day you came to know of the injury or should have known about it.

The limitation does not apply to minors or people whose physical, mental or psychological condition makes them unable to pursue a claim.

Failing to initiate action within the time limit could be detrimental to your claim, because this bars you from seeking insurance-based or civil-court based compensation. However, there are several exceptions and conditions that should also be examined when/if time limitations are not adhered to. If the victim dies from injuries, or the judge uses discretion to rule that there was no prejudice in not adhering to the rule, exceptions could be made.

The type of injury, its severity and cause, its impact on the lives of victims and families, the degree of negligence and evidence to prove it can all be contributing factors to whether the time limit can be adhered to or not.

Our 24×7 injury lawyers can provide a swift, genuine and comprehensive evaluation of your case and advise you on filing a claim without delay. In many cases, there is also a time-frame for notifying the at-fault party on intent to sue. This may not affect the outcome of your case, since in many instances, the injuries are so severe that the claimant is not in a position to pursue such matters. In some cases, the nature and extent of injuries may not become apparent immediately, and hence a proper claim can be made only when this is known. There are different, more stringent time-frames when municipalities or the Crown are involved.

The limitation laws are quite complex and those unfamiliar with the statutes and regulations can find it difficult to understand and implement. It’s important to consult legal opinion without delay. Our experienced car accident lawyers and slip and fall injury lawyers regularly deal with cases where the limitation laws are enforced, hence we can provide the right information and assistance.