If you’ve been injured in an accident in Ontario, time is not just important, it’s critical. Ontario law imposes strict deadlines, known as limitation periods, that determine how long you have to start a legal claim. Missing these deadlines can mean losing your right to seek compensation entirely, regardless of how strong your case may be.
What Is a Limitation Period?
In most personal injury cases, the general limitation period is two years from the date of the injury. This means you typically have two years to formally start a lawsuit against the person or party responsible for your injuries. If you miss this deadline, you may lose your right to pursue compensation entirely.
Some situations involve much shorter notice periods. For example, claims against municipalities (such as for slip and fall accidents on public property) may require written notice within 10 days of the incident. There are also different rules for cases involving minors, incapacity, or certain types of insurance claims.
Exceptions to the Limitations Act
In certain circumstances, limitation periods may be paused or extended. For example, in claims involving minors, the limitation period may not begin until the child turns 18, unless a litigation guardian has been appointed to act on their behalf. Similarly, if an injured person is mentally or physically incapable of managing their own affairs, the limitation period may be postponed until they regain capacity. In other situations, such as when injuries are not immediately apparent or where ongoing negotiations delay the discovery of a claim, the timeline for starting a lawsuit may also be extended.
Consult an Experienced Lawyer at Joshua Goldberg Law
Because limitation periods can vary depending on the circumstances, it’s important to speak with a lawyer as soon as possible after an accident. Getting timely legal advice helps protect your rights and ensures that critical deadlines are not missed.
If you have questions about your injury claim or whether a limitation period may apply, contacting an experienced personal injury lawyer can help you understand your options. Contact us at Joshua Goldberg Law today.
