If you’re filing a personal injury claim in Ontario, knowing the time limits that apply to your case is crucial. These time limits, called limitation periods, are in place to ensure fairness in the legal process while protecting the rights of everyone involved. The Ontario Limitations Act, 2002 is the main law that defines these deadlines, but other laws might apply depending on the type of claim and who is involved. Here’s a closer look at limitation periods and how they affect personal injury cases.

What is a Limitation Period?

A limitation period is the amount of time you have to start legal action against someone. In Ontario, the standard limitation period is two years from the date you discover your injury or harm. This means you have two years to file a claim once you realize the harm was caused by someone else’s actions.

Why Are Limitation Periods Important?

Limitation periods are essential because they:

• Protect Evidence: Acting quickly helps preserve evidence that might otherwise be lost or damaged over time.
• Provide Certainty: Defendants don’t have to worry about old claims being brought against them years later.
• Make the Legal System More Efficient: Filing claims on time reduces delays and helps the courts operate more smoothly.

Key Limitation Periods for Personal Injury Claims

General Personal Injury Claims

For most personal injury cases, like slip and fall accidents or dog bites, you have two years to file a claim. The countdown starts on the date of the injury or when the injury is discovered. If you miss the deadline, you might lose the right to seek compensation.

Car Accidents

When it comes to car accidents, there are several important deadlines to keep in mind:

1. Notify Your Insurance Company: You must inform your insurer about the accident within 7 days.
2. Apply for Accident Benefits: Submit your application for accident benefits within 30 days of the accident.
3. Notify the At-Fault Driver: Let the at-fault driver know you intend to file a claim within 120 days (3 months).
4. File for Vehicle Damage: If you’re claiming vehicle damage, file your lawsuit within 1 year.
5. File for Personal Injury: Start your personal injury lawsuit within 2 years.

Accidents Involving a Slip & Fall on Ice or Snow

Claims related to slip-and-fall accidents on ice or snow require careful attention to specific rules::

• Municipal Claims: If you’re injured on municipal property, you must notify the municipality within 10 days under the Municipal Act, 2001. Your notice should include the date, location, and details of the incident.
• Provincial Claims: Similar deadlines and procedures apply for claims against the provincial government.
• Private Property Claims: Under Section 6.1(1) of the Occupiers’ Liability Act, you must notify the property owner where the fall happened within 60 days of the accident. The notice must be provided in writing, either by registered mail or hand delivery. It should include your name, contact information, and specific details about the incident, such as the date, time, and location of the fall.

Medical Malpractice

Medical malpractice claims also have a two-year limitation period. If the harm is discovered later, the two years begin from the discovery date.

Exceptions to Limitation Periods

While most limitation periods are strict, there are exceptions for certain situations:

• Minors: If the injured person is under 18, the limitation period doesn’t begin until they turn 18 unless they have a litigation guardian.
• Mental Incapacity: If someone is mentally or physically unable to act, the limitation period may be paused until they have a litigation guardian.
• Sexual Assault Cases: There is no time limit for most sexual assault claims.
• Ultimate Limitation Period: Even if harm is discovered late, no claim can be filed more than 15 years after the incident, except in very rare cases.

Avoiding Missed Deadlines

The best way to avoid missing a limitation period is to consult a personal injury lawyer as soon as possible. A lawyer can collect and protect evidence, ensure notices and applications are filed on time, and help you start legal action within the required time.

What Happens If You Miss a Limitation Period?

If you miss the deadline, you might lose the ability to make a claim. However, in some cases, a discoverability defence can apply if you couldn’t reasonably have known about the harm in time. A lawyer can help determine if exceptions apply to your case.

Limitation periods are a vital part of personal injury law. They keep the legal system fair and efficient while protecting everyone’s rights. If you’ve been injured, it’s important to understand these deadlines and act right away. Contact Zuber Brioux Personal Injury Lawyers for a free consultation. We’re here to help you navigate your case and secure the compensation you deserve.