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The legal system does not want to encourage the filing of frivolous lawsuits. That would force the courts to devote time and effort on cases that do not concern the protection of a fundamental right. For that reason, anyone that hopes to enter such a filing must obey the statute of limitations.
What is the statute of limitations?
That document lists the time limit for the taking of a particular action. One of those actions would involve the filing of a lawsuit. Courts decide on that time limit. If a prospective plaintiff exceeds that limit, the court will refuse to honor that same person’s request to sue another party.
What is the starting point for that limited time period? In a personal injury case, the starting point is the day of the accident. On that day the injured victim became aware of the harm that had been done to him or her by someone that had exhibited unacceptable and illegal behavior.
The court sets the time limit for the filing of a potential case, one that could go to trial. Insurers establish their own time limits, with respect to the submission of a request for accident benefits. If the benefits have been requested due to damage done by another person, then the insurer allows the policy holder one pre-determined amount of time.
Of course, a driver might have an accident because a traffic light has malfunctioned. In that case there would be no other driver to sue. Consequently, the driver must sue the municipality that has installed the traffic light. In that instance, the time period for requesting benefits would be different, though still established by the company from which the victim has purchased an insurance policy.
Does the court’s statute of limitations apply to every case?
No, it does not. The court, being a seat of justice did not feel that it would be just to place a time limitation on certain cases. For instance, if the victim of an accident is a minor, the courts will not demand that the filing of a lawsuit gets made within the preset number of weeks or months.
That exception was made, because the law cannot say that a child would become aware of the harm done to him or her by someone else. A child can be tricked into thinking that an irresponsible action was done for the child’s benefit. An exception has been made as well for victims of sexual assault.
Once a trial has finished and a decision has been made, the apparent winner of that trial cannot claim immediate victory. The Personal Injury Lawyer in Stouffville for the opposing party can always file an appeal. For that reason, a given case can proceed for many months. That is why accident victims should not try to represent their rights. Still, the two sides do not have the ability to try appealing court-judgments repeatedly for as long as they want. Every case has an ultimate statute of limitations. That puts restraints on the length of time used for making one or more appeals.