Toronto Injury Lawyer Blog
I’m constantly asked time and time again when the best time is to sue in their personal injury, car accident or brain injury case. The only right answer to any of these questions is to sue in your case before your limitation period expires. That’s legal advice you can bet your house on.
Limitation periods in personal injury cases vary. It doesn’t matter the location of the accident. The laws for limitation periods in injury case are not all the same.
So it doesn’t matter if your car accient happened in Toronto, London, Peterborough, Oshawa or Barrie. All of the limitation periods for your case provided the accident happened in Ontario are the same.
But would tell you that just because your car accident happened in Toronto doesn’t mean that you should wait before you sue for your brain injury case. In Toronto, you have two years to sue from the date of the accident. If you’re a minor, then the limitation period is slightly different. The limitation period for a car accident case for a minor in would begin to run from the two year anniversary from when the injured accident victim turns the age of majority (18), or appoints a litigation guardian for their personal injury car accident case.
The Limitations Act 2002 sets out these limitation periods for all cases in Toronto and all other parts of Ontario. The Limitations Act 2002 applies to all car accident cases, brain injury cases, boating accident cases and spinal cord injury cases.
There is also an ultimate limitation period of 15 years for any accident which you knew or ought to have known of, regardless of whether or not the main elements of the claim were known to the claimaint. This is very important to keep in mind when pursuing your claim.
What do tell people when the ask him to take on their car accident case in Toronto when the car accident happened 10 years ago? Did you sue within 2 years of the car accident? Were you a minor when the car accident happened? If the answer to both of those questions is “no”; then we cannot change the law or undo the past. If your limitation period has expired for your brain injury, spinal cord injury, car accident case cannot un-expire your expired limitation period. Even with an Application to a Toronto Superior Court Judge, no matter how pursuasive the lawyers of car accident lawyers are, we cannot bring your case from the dead once your limitation period has expired.
There are also statutory notice periods which you should be made aware of when you want to bring a slip and fall claim, or any other claim against a municipality such as the City of Toronto. You have 10 days from the date of the slip and fall accident to give notice of the accident to the municipality such as the City of Toronto lawyers Brian brain injury car accident lawyers. Failure to give notice within the statutory framework as set in the Municipal Act 2001 may result in your case getting dismissed by the Court.
It’s important to contact the to better understand what the limitation periods are of your personal injury case so that our personal injury lawyers can help you get your case off the ground, before it’s too late.
