How Long Do I Have to File a Personal Injury Claim?

Just like many other locations throughout Canada and Ontario there is a basic limitation period for personal injury claims. That means you have a limited time after being injured to file a lawsuit for compensation. If you don’t file your claim within the allotted time limit, you may lose your right to have your case heard in court.

So what is the limitations for personal injury claims in Toronto and Ontario? That can depend on the details of your case, so here’s the rundown.

The basic limitation period in civil suits in Ontario is two years

Therefor a person should start their action within two years of when they first knew a claim could be made. of course there are exceptions…. In Ontario most claims against the Province or a Municipality need to be initiated within 10 days. If you are a minor or possibly physically/mentally unable to begin proceedings there are some exceptions.

The Occupiers’ Liability Amendment Act.

This new Act came into effect on December 8, 2020. It changes a number of important regulations that everyone should be aware of.

According to the Parliamentary debates on the Act it will now be reduced from 2 years to a 60 day notice period.

because, currently, insurance costs for snow and ice management companies are skyrocketing due to an increased risk of slip-and-fall lawsuits. Some insurance companies have stopped providing coverage to this sector altogether. This lack of insurance, or lack of affordable insurance, has forced many small snow removal companies out of business, leaving Ontarians wondering who will clear the snow and ice this winter……Under the current rules, property owners, their tenants, commercial snow and ice management companies can face lawsuits up to two years after someone falls. They may not even know that someone has fallen. As a result, many small businesses have been hit with frivolous, yet crippling, injury lawsuits. This has become so common that insurance providers have hiked up their premiums and deductibles across the board for the entire snow and ice management industry, including for companies with no active lawsuits against them….. When insurance providers know the risk in a timely manner, they can confidently offer renewal and price accordingly, rather than basing their models for yearly insurance rates on the possibility of getting served two years down the line.

What Are the Requirements for the Notice?

A written notice must be given within 60 days after the injury. The notice must include the date, time, and location of the occurrence. It also must be personally served on or sent by registered mail to one or both of the occupier or snow contractor.

By submitting your notice within the 60 day period, you will preserves your right to bring the actual claim at a later date (subject to the 2 year limitation period) including, if necessary, persons who did not originally receive the notice.

The Sooner You Can File Your Personal Injury Lawsuit, the Better.

The costs resulting from an injury can skyrocket quickly. It’s important to know that you’ll have the financial support you need to keep your life on track. Wait too long, and you could miss the chance to get the full amount you’re entitled to.

If you or a loved one have suffered a personal injury, you don’t have to go it alone. We aim to help victims file their personal injury claims as smoothly and easily as possible. We’ll help you understand the details of your case and make sure you get what you’re owed.

Even if the filing deadline for your injury has already passed, we may still be able to get you the compensation you need. Contact us today, and we’ll give you a free case evaluation.

Author: John

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