Personal injury cases can be emotionally and physically devastating for patients and their families. When you are injured as a result of someone’s negligence, the consequences can be severe. If you believe you have been a victim of someone’s negligence and have been injured, it's essential to comprehend the concept of limitation periods and their impact on your ability to pursue legal action.
In Ontario, the typical limitation period for personal injury claims is two years from the date when the person injured knew or should have known about the injury caused by someone’s negligence. However, several factors can influence the application of this limitation period.
The discoverability rule is one such factor, allowing the clock to start ticking when the injured person reasonably ought to have discovered that their injury was permanent and serious, not necessarily from the date of the accident. Additionally, if the victim is a minor or declared incapable, the limitation period is delayed until they reach the age of majority or regain capacity.
Missing the limitation period can have dire consequences. If you fail to file your claim within the stipulated timeframe, you may lose the opportunity to seek legal redress entirely. This means losing the chance to pursue compensation for the injuries and damages you've suffered due to someone’s negligence. Consulting with an experienced personal injury lawyer is crucial to navigate the legal intricacies, assess the specifics of your case, and ensure that you meet the necessary deadlines.
If you or your loved one have been a victim of an accident and/or have been injured as a result of someone’s negligence, we encourage you to contact our team for a free initial consultation. JEWELL RADIMISIS JORGE LLP will provide the guidance and support you need during this challenging time.