Understanding the Statute of Limitations for Personal Injury Claims in Ontario

June 20, 2024, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

When faced with a personal injury, such as a car accident or a slip and fall, navigating the legal landscape can be daunting. One crucial aspect that demands attention is the statute of limitations, which sets the timeframe within which a claim must be initiated.

The general rule stipulates a two-year limitation period for personal injury claims, including car accidents, slip and falls, and other personal injury cases. This means that individuals have two years from the date of the injury or the discovery of the injury to initiate legal action. However, the concept of "discovery" is not always straightforward, as some injuries or medical conditions may have latent or delayed symptoms. In such cases, the limitation period commences when the injured party first becomes aware, or ought to have become aware, of the injury.

While the two-year limitation period is the standard, there are exceptions and special circumstances that can alter these timelines. For instance, if the injured party is a minor (under 18) at the time of the injury, the limitation period does not begin until they reach the age of majority. Similarly, if the individual is mentally incapacitated and lacks a litigation guardian, the limitation period may be extended.

Shorter Timeframes for Certain Injuries

It's important to note that for certain types of injuries, such as those occurring on public or government-owned property, the timeframes for providing notice and initiating a claim can be much shorter. In these cases, individuals may need to provide notice of their claim within 10 days of the injury to the appropriate government agency. Failure to adhere to these shorter timeframes can result in the dismissal of the case.

Ultimate Limitation Period

While the basic limitation period allows injury victims two years from the date of discovery to file a claim, the Limitations Act also sets an ultimate limitation period of 15 years from the date of the injury. This statute of limitations applies even if the injuries are not discovered until after this period elapses.

Adhering to the statute of limitations is crucial, as failing to initiate a claim within the prescribed timeframes can have severe consequences, including the dismissal of the case and potential liability for legal costs. This legal framework serves to ensure fairness for both claimants and defendants, reducing the risk of lost evidence and providing a sense of certainty for all parties involved.

For those navigating the intricate world of personal injury claims in Ontario, seeking the guidance of experienced legal professionals is invaluable. Deutschmann Personal Injury Law, a renowned firm based in Kitchener, has been at the forefront of personal injury and disability law for over 29 years. With a team of dedicated lawyers listed in the Canadian Legal Expert Directory for personal injury law, Deutschmann Law offers unparalleled expertise and a deep understanding of the Ontario legal landscape.

As you navigate the complexities of a personal injury claim in Ontario, understanding the statute of limitations and its nuances is paramount. With the guidance of Deutschmann Personal Injury Law, a firm renowned for its expertise in handling cases involving car accidents, slip and falls, and other personal injuries, you can rest assured that your rights will be protected, and your case will be handled with the utmost care and diligence.

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.