Personal Injury Lawsuits – Timing Is Everything

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Personal Injury Lawsuits Timing Is Everything
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You know the old saying time is money? Well, in
personal injury law, its more than just a
saying.Regardless of how you are hurt a slip
and fall on the sidewalk, a car accident, or an
injury at someone elses home, to name a few
there is a time limit within which you can sue
under tort law for your personal injury.After
that limit, barring specific circumstances, you
are out of luck. That time limit, according to
the Ontario Statutes is two years.
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a proceeding shall not be commenced in respect
of a claim after the second anniversary of the
day on which the claim was discovered.  2002, c.
24, Sched. B, s. 4.Why Is It Important That I
Contact A Lawyer Right Away, Since I Have Two
Years?There are more factors to consider than
the statute of limitations.
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Having a lawyer involved from the beginning
ensures that you are getting the maximum benefits
you are entitled to under the Statutory Accident
Benefits legislation (for a car accident).Your
potential claim is being properly followed and
documented from the beginning (this one is
critical.)Preparing a file for a lawsuit is a
time consuming effort and is not something you
want carelessly thrown together as the calendar
ticks towards the two-year mark. Haste makes
waste, increasing the chances of there being a
costly error in your file, something that is
overlooked in the race to get all the paperwork
filed on time.
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This comes back to point 2, above, but it bears
repeating contacting a lawyer close to the
deadline instead of right after the accident
calls your credibility into question. Are you
really that injured if you could live your life
for two years without talking to anyone about it?
Have you been having documented therapy? Have you
been unable to work? Is there sufficient medical
documentation to substantiate your claim?
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What Are The Exceptions To The Two Year Statute
Of Limitations?They are few and far between but
basically, they come down to theseIf you were a
minor at the time of the accident, the two-year
limitation doesnt begin to apply until you turn
eighteen.If you didnt know your injury met the
threshold required (car accident claims). Ill
discuss this more, belowIf you were mentally
incapable of initiating the claim.
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What Is A Threshold Injury?First off, its
important to note that an injury needing to meet
a threshold test before litigation is possible is
only a factor in car accident claims, in
Ontario.Whether or not you have a car or car
insurance, if you are in a motor vehicle accident
for example, if you were a pedestrian with no
car insurance of your own and you are hit by a
car you would be covered for certain expenses,
income replacement benefits, treatment expenses
(physio / rehabilitation).
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The question of whether you are able to also sue
for other expenses, pain, and suffering comes
down to whether your injury meets a threshold as
defined by the Insurance Act.Basically, the
threshold is as follows You need to demonstrate
that you have permanent injuries as a result of
your accidentYou need to demonstrate that those
injuries are serious.Obviously, the definition
of seriousness and how the injuries affect your
life are up for debate, but ultimately, if you
cannot continue your life as you did before the
accident and your injuries are permanent, you
might meet the threshold.
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Example? A threshold injury might be someone who
is in a wheelchair after the accident, for the
rest of their lives. A person who sustains
whiplash and returns to their normal activities
after two months, would not meet the
threshold.The whole situation is slightly more
complicated if the vehicle involved is not
registered in Ontario and, in these cases, its
very important to contact a personal injury
lawyer immediately, to ensure that you have
access to all the benefits you are entitled to.
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Suing The City? You Need To Be Quick!The City of
Hamilton (and Toronto for that matter) has a
requirement that a Notice of Claim (which is your
intent to sue) must be filed within ten (10) days
of an incident taking place on their property.So
if you slip and fall on city property, you have
to file your claim IMMEDIATELY. This is
definitely a situation where you need to contact
a personal injury lawyer and get the ball rolling
right away.There are always exceptions to these
types of legislation in every city, but
nonetheless, its important to be aware of the
overall law.
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There are documented cases where people lost
their cases all due to waiting past the deadline
to file because they didnt contact a lawyer and
werent aware of the time limit. Other
jurisdictions have similar limits and, at this
point, the judgments are not favouring those who
miss the deadlines.My recommendation is that, if
you are at all uncertain, check with a personal
injury lawyer and do it quickly.
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Knowledge is power and, when youve been injured
in an accident, time is of the essence. You wont
have to pay a lot of upfront fees as we work on a
contingency basis (ie we get paid when you do)
but you could save yourself a lot of problems in
the future.http//derekwilsonlaw.ca/