A Closer Look At The Statute of Limitations For Personal Injury Claims

Lawyers have become quite familiar with the statute of limitations for the filing of a personal injury claim. According to the law, such a claim must be submitted within 2 years of the injury-causing accident.

The purpose of such a statute

It provides the defendant with greater assurance of an ability to conduct a proper investigation. The defendant may want to visit the scene of the accident and also get statements from witnesses.

When does the limitation period start?

It starts at the time of the accident, if the injured party becomes aware of the harm done to him or her at the time of the accident. It could also start at the time that the injured party discovers the injury.

There are certain situations in which the limitation period does not even get started. That would be the case, if the injured party were a minor without a legal representative, such as a guardian. That would also be the case, if the injured party were physically or mentally incapable of filing a lawsuit.

Does the limitation period always end after 2 years?

No, the law provides for something known as the ultimate limitation period. That gets used when a victim has no awareness of an acquired injury at the time of the accidental incident. If the same victim fails to become aware of that injury within a 15-year period, he or she has no right to file a personal injury claim.

How can an accident victim determine whether or not an exception to the general rule can be applied in that victim’s case?

Such a victim must consult with an Injury Lawyer in Orillia. The injury lawyer will want to hear the victim’s story, regarding how the accident took place and how he or she became aware of the resulting injury. Then that same lawyer must determine whether or not the victim’s case can take advantage of the existing exceptions.

Maybe someone involved in the accident was a minor without a legal representative. Perhaps someone got injured so severely that he or she was unable to file a lawsuit. The existence of such circumstances would provide a lawyer with grounds for arguing that the normal statute of limitations did not apply to that same lawyer’s client.