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The act of seeking compensation for the damages that resulted from an accident does not signal the intention to file a lawsuit. If, however, you press charges by filing a claim in a court of law, then you have filed a lawsuit. The time frame in which you could take such action varies, and is determined by the location of the accident. If the accident occurred in Canada, then the victim in that collision has 2 years in which to file a claim in court.
Step to take before filing a claim
As mentioned above, the effort made by a victim to go after a claim differs from the one undertaken by the same victim, if he or she decides to move forward with filing a lawsuit. Consequently, the victim must first submit a benefit claim. That act should be completed within 30 days of the date of the accident.
Should you wait the full span of time that you have been allotted?
For example, as you live in Canada and you got involved in an auto accident, one that you did not cause, should you delay the act of filing a lawsuit for the full period of time allotted, which is a full 2 years?
If you have a Personal Injury Lawyer in Orillia, then that member of the legal profession will probably urge you to file with the court much earlier. Ideally, you should do so within 3 months of having incurred your accidental injury. If you follow that recommendation, then you should have a stronger case, in the event that it goes to trial.
The time-frame really depends on the exact nature of your injuries. Some types of bodily damage to not make their existence apparent right away. Sometimes it takes time for the symptoms that signal the presence of a particular injury to manifest. Regardless of that fact, if and when you do file a claim in court, you should also notify the responsible driver that you intend to sue.
At the same time, you should make a point of contacting the insurance company of that same driver. By performing that act, you work to speed up the process. If that the adjuster for that insurance company does not agree to a proposed settlement, the legal process then calls for an entrance into the mediation phase.
In combination with the effort to reach a pre-trial agreement, the entire process could take one to two years. During that same period, the insurance company could ask that you meet certain deadlines. By working closely with a lawyer, you should increase your chances for meeting those same deadlines. Your failure to meet them could well keep you from moving forward with your planned lawsuit.