Brought into existence in 2002, the Ontario Limitations Act has set a deadline for everyone planning to file a personal injury claim. According to this act, claimants have two years to file their claim before they are no longer able to take action against the liable party. However, since then certain amendments have been put into place which may lead to confusion for today’s claimants. An experienced personal injury lawyer in Oakville can help you understand your deadlines and build a successful case.
Since 2002, Ontario law has provided claimants with a deadline prior to which they will need to put legal action in motion in regards to their case. The set two-year period begin at the day the accident occurs – be it a slip and fall, a motor vehicle collision, or a work related injury – or the day the injury is discovered by the claimant. Often, these two occurrences will fall onto the same date.It should be noted that minors, and claimants with a previous severe condition which kept them from pursuing a claim, are exempt from this rule.
You can file a claim against pretty much everyone and the two-year limitation will apply, however, you should be aware that filing a claim against your municipality will require you to wait for sixty days between the day you notify the municipality of your impending lawsuit, and the day you actually file the lawsuit. It is best to take the help of personal injury lawyers in the city to ensure that you don’t miss any step. These layers understand the regulations and requirements and that is how they can help you maximize your claim.
Other factors which will influence your limitation period include the severity of your injury, the parties involved, and the circumstances surrounding the accident, among others. As a result, you should really obtain legal counsel in the form of an experienced personal injury lawyer, so you can adhere to all limitations and thus maximize your chances of filing a successful lawsuit.
The Municipal Act
Back in 2001, the Municipal Act was introduced which requires claimants to obey a whole array of limitations. There are notice periods when it comes to filing a claim in regards to an injury which was sustained as a result of the municipality’s action or inaction. Generally, this notification period is within ten days following the accident so the municipality will have time to investigate your impending claim. There are exceptions to this rule when it comes to fatal accidents, or when a judge gives you the go-ahead because they determine a ten-days-notice is unnecessary.