While the term “Statute of Limitations” may be a familiar one among many Canadians, many individuals wonder what it applies to. According to most legal dictionaries, a statute of limitations is a law that “forbids prosecutors from charging someone with a crime that was committed more than a specified number of years ago.” The purpose of the law is to ensure that “convictions occur only upon evidence (physical or eyewitness) that has not deteriorated with time.”
In Ontario Province, there is more to the law than merely the statutes themselves. Cut-off dates and timelines must also be considered. While there are those rare exceptions, this applies to the statute of limitations on accidents in personal injury law. This is one of the primary reasons that you should always speak with a personal injury lawyer who specializes in vehicular accidents as soon as you can after your mishap. If you have sustained injuries in an accident, you may be entitled to compensation for damages.
Statute of Limitations for Injuries sustained in an Accident
According to the Ontario Limitations Act, you have 2 years from the date of the accident in which to file a personal injury claim when you’ve sustained injuries in an accident that was caused by another person or entity. If you fail to file a claim within that 2-year period, it will likely result in a denial of benefits and your right to pursue compensation in a legal action. However, this isn’t always a hard and fast rule. There are also limitations on the amount of time you have to file a claim for accident benefits (30 days to file application). It is best to refer to an experienced lawyer that has successfully handled such cases in the past. They will be able to assist you in filing the claim with considerable ease.
How quickly should I file My Claim?
Ask any personal injury lawyer how quickly you should file your claim and they will most likely answer “the sooner the better.” However, in order to preserve any pre-judgment interests on your behalf, your claim should be filed within 90 days. Furthermore, if you haven’t notified the defendant listed in your claim within 120 days, it could adversely affect the outcome of your case. Even though the 120 days isn’t a statute of limitations, many claimants miss this because of how overwhelming their injuries have been. Thus, don’t miss a chance to win compensation for the injuries that you have sustained. It is within your rights to be compensated financially for the injuries and trauma that you have undergone for no fault of yours. Talk with a personal injury lawyer in Georgetown today.