Understanding Ontario's Statute of Limitations for Personal Injury Claims

January 14, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

When it comes to personal injury claims, timing is everything. In Ontario, there are strict time limits for filing lawsuits. Understanding the statute of limitations is critical to ensuring that your rights are protected and that you receive the compensation you deserve.

What is the Statute of Limitations?

The statute of limitations is the legal time limit within which you must file a lawsuit after an accident or injury. In Ontario, the general limitation period for personal injury claims is two years from the date of the accident or injury. This means that if you don’t file your lawsuit within two years, you may lose the right to pursue compensation.

Some Exceptions to the Two-Year Rule

While the general rule is two years, there are some exceptions to this limitation period. For example:

1. Minors: If the injured party is a minor (under 18), the limitation period doesn’t begin until they turn 18.
2. Latent Injuries: If your injuries don’t become apparent until after the accident (such as in the case of some brain injuries or soft tissue damage), the two-year period may start from the date you discovered or should have discovered the injury.

Why You Shouldn’t Wait to File Your Claim

The sooner you start the claims process, the better. If you wait too long, evidence may be lost, memories of the accident may fade, and you could miss your opportunity to file a claim altogether. Working with a personal injury lawyer early can help ensure your case is filed within the time limits.

How a Personal Injury Lawyer Can Help

A personal injury lawyer can help you understand the statute of limitations for your case and ensure that you meet all necessary deadlines. They can also help you gather the evidence and prepare the necessary documentation to support your claim.

The statute of limitations for personal injury claims in Ontario can be complex, and missing a deadline can mean losing your chance to file a lawsuit. To protect your rights, it’s important to consult with our experienced personal injury lawyers who can guide you through the legal process and ensure you file your claim on time.

About Deutschmann Law

Deutschmann Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.deutschmannlaw.com or call us at 1-519-742-7774.

It is important that you review your accident benefit file with one of our experienced personal injury / car accident lawyers to ensure that you obtain access to all your benefits which include, but are limited to, things like physiotherapy, income replacement benefits, vocational retraining and home modifications.