What are the limitation periods, cut off dates and timelines in an Ontario personal injury lawsuit?

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What are the limitation periods, cut off dates and timelines in an Ontario personal injury lawsuit?

Are there time limits or expiry dates when it comes to starting a personal injury lawsuit?

As personal injury lawyers, we are often asked about how long one has to decide whether or not they want to start a personal injury lawsuit following their accident in Ontario. Often times the severity and extent of your injuries are unknown at the time of the accident and in the months following.  It sometimes takes over a year to truly know what the extent of the injuries may be and what that means moving forward.

There are timelines that must be adhered to. For most motor vehicle accidents, typically there is a 2-year limitation period from the date of the accident.  Now, there are exceptions to this limitation period and if you are unsure as to whether or not you can still start a lawsuit after the 2-year mark, it is best that you consult with one of the lawyers at David Hollingsworth and Associates.  Our lawyers will be able to walk through the limitation periods with you and figure out whether or not your situation falls into the exception category.

What are the limitations and timelines for starting a personal injury lawsuit in Ontario?

The Ontario Limitations Act states that anyone who has suffered a personal injury in a car accident, cycling accident or other forms of accident has 2 years from the date of loss to start their personal injury claim. If you fail to do so, there is a chance that you are out of luck and will not receive any compensation.  The law also states other limitations in making an accident benefit claim. For example, you are responsible for notifying your own insurance company within 7 days of the accident in Ontario. You are also required to complete and send back your accident benefits package  30 days after receiving the accident benefit forms from your insurance company.

Even though the Ontario Limitations Act states that you have up to 2 years to start most personal injury lawsuits, the team working with David Hollingsworth highly advises you to start your claim as soon as possible. It is always best if you start your claim within 3 months of the accident. If you have missed a limitation period, don’t panic, we may still be able to help get you the compensation you need.

If you have a question regarding timelines in your case, please contact any of the lawyers at David Hollingsworth and we would be happy to walk through your situation with you free of charge.  We offer free consultations throughout eastern Ontario.


About the Author

David Hollingsworth has been a personal injury lawyer in Ottawa since 1999. David dedicates himself to helping people who have been injured in an accident, including car accidents, slip and fall accidents, motorcycle accidents, LTD claims, Accident Benefits claims and more. David and his team work closely with their clients and their families and help rebuild lives, following a traumatic accident. To learn more about David Hollingsworth, view his full profile.