A Closer Look At The Personal Injury Statute of Limitations

Injury Lawyers in Stouffville recognize the purpose for the statute of limitations. It encourages people to file a claim before the memories of a witness have faded. In addition, the timely filing of a claim limits the chances that evidence might get lost or destroyed.

Problems created by delay on the part of the accident victim:

Such a delay handicaps the defense attorney for the opposing party. It hampers the attorney’s ability to arrange for a timely investigation. Members of the defense team cannot expect ready access to any useful witnesses. By the same token, members of the defense team lack a means for gathering useful evidence.

Normal time limit for an adult that has been injured in an accident.

The adult has 2 years in which to file a claim. There is an ultimate limitation period of 15 years. That longer time period provides someone that has sustained a hidden injury with more time in which to discover the existence of that particular accident-caused, medical problem.

The times for expanded use of the ultimate limitation period:

An expansion of the limitation period, one that calls for utilization of the ultimate limitation period takes place if the injured victim is a minor.

An expansion of the limitation period also enters the picture if the injured victim with a claim is physically or mentally incapable of filing a lawsuit.

The compensation most often requested by a lawyer that has an injured minor as a client:

Lawyers have experience with seeking compensation for adults that can no longer hold a good-paying job, due to the existence of an injury. Normally, a child does not have a job. Still, a child goes to school, in hopes of entering the workplace in the future. If an injury prevents the fulfillment of that hope, the injured child has reason to seek compensation for the loss of future earnings.

Certain injuries can undergo corrections, but the correction might have to be revised periodically; a piece of equipment might get old, or it might get infected. At the time of a revision, the affected employee might encounter problems. If such problems lead to loss of a job, the employee’s earning power has been tarnished. That fact showcases the extent to which an injury sustained in childhood can cause problems for a working adult.

Furthermore, a corrected medical problem might allow an adult to function normally for a number of years. Still, as that same adult gets older, the correction might prove less effective. Because it proves less effective, the affected employee might need to request an early retirement. The existence of that possibility would introduce yet another reason for demanding compensation for a loss of future earnings.