(Photo credit: davidlat/SXC)
You’ve been injured from a car accident and you’re focused on healing. Months go by before you decide that you’re going to file a lawsuit against the driver, but there’s a question you’re wondering about: Is it too late to file?
Every province has their own statute of limitations, which means there’s a set timeframe a defendant can pursue legal proceedings for a claim.
For most personal injury law cases, there’s a basic two-year limitation period starting between when the claimant learns the details of the claim, which includes when the injury has occurred, when the plaintiff discovered the cause behind the injury or when they realized proceedings would be needed to remedy the situation, but there are exceptions.
One such case was brought to light in a recent ruling by the Superior Court of Justice. A woman filed a lawsuit after slipping and falling on a sidewalk, but her case was thrown out because the City of Toronto, along with some other Ontario communities, require the plaintiff to declare their lawsuit intent within ten days of the incident. She filed her notice of her claim four months after the incident and she had no reasonable excuse for her delay, which led the judge to side with the City of Toronto. But the judge noted that the quick turnaround time for a letter of intent was unfair, according to the Toronto Star.
Another case is when an Ontario woman filed a medical malpractice lawsuit against her physicians. Her claim states that the doctors were negligent in diagnosing malignant breast cancer that was discovered in 2007. While it went into remission for two years after treatment, it returned in 2009 and she was then diagnosed with terminal breast cancer. She began pursuing the claim in late 2009 and the defendants argued that the claim should not continue since two years statute of limitations had passed since the woman discovered her condition in 2007. But the judge ruled that the plaintiff had in fact discovered the extent of the damage or injury in 2009, which allowed the claim to proceed.
If you are consider filing a lawsuit in the future after an incident, it’s important to write the date of when the incident occurred and discuss the situation with a personal injury lawyer sooner rather than later. A personal injury lawyer may need time to investigate the incident, such as a medical negligence claim, to ensure that there’s been a mistake made by a health professional. Also, it’s important to have a notice of claim sent out if you’re suing the city.
Neinstein Personal Injury Lawyers are here to help you get the compensation you need if you or a loved one have been injured in a motor vehicle accident or a botched medical procedure. Call us at 416-920-4242 to set up a free consultation. Come chat with us!
Greg Neinstein
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