According to the law, anyone that has become the victim of an accident has the right to initiate a lawsuit. No representative of the law can keep such a victim from starting a lawsuit. On the other hand, the legal system can impose other limitations on filing that particular suit. If the person doing the filing waits too long before starting a considered lawsuit, the court may call for dismissal of that same delayed case.
What determines the start date and the end date for the limited time period?
Normally, that time period begins on the date of the accident. Sometimes though, the harm done by an accident does not get noticed for a given period of time. That might be the case, if a patient suffered from the harmful effects of a poorly-executed medical treatment. If medical malpractice has caused an injury, the injured man or woman might not immediately realize what has happened. In that case, the time limit for the filing of a lawsuit would begin when the victim first realized his or her. Still, that does not mean that all accident victims can take their time discovering an accident-related medical problem.
Unless an accident-related medical problem gets discovered within an established period (usually about 15 years), no one can hope to sue the person that has caused the same problem. That rule applies to all types of accidents. It could force the court to dismiss a case that has resulted from a minor injury, such as a dog bite, or a major one.
In other words, failure to recognize and meet the time limitations could lead to dismissal of a case in which the extent of the injury could not be questioned. Suppose, for example, that a motorcycle rider got hit and suffered brain trauma. Assume, though, that the brain injury could have been avoided by use of a helmet. The victim might hesitate to initiate a lawsuit, and could, therefore, provide a judge with a reason for dismissing the case. However, it is best to talk with an injury lawyer in Oakville to discuss the way to do it.
Who determines what the time limitation will be?
If an accident takes place in a public area, such as on a heavily-used roadway, then the government can set the time limit for each accident victim. If a passenger on a bus or train falls, then the company that operates that same vehicle can set the time limit, as long as it is reasonable. If an employee gets injured at work, the company’s policy should give the length of the period, during which the victim/employee can file a suit against the same company.
An insurance company has no limit on the amount of time that it might devote to investigating the person that has filed a claim. Even if the company has been asked to honor a claim, it could keep investigating a given policy holder, in hopes of discovering grounds for an appeal.