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If you want to file a personal injury claim, there are Statutes Of Limitations to consider. In most cases, you will have up to two years to file a claim against someone. Personal injury lawyers can help you in this case, if you feel that you are ready to move forward with your claim. Before you do, learn why the Statute Of Limitations exist and what exceptions are there.
Reason for a statute of limitations
There is a two year statute of limitations that exists in order to be fair to the defendants. While at times, this can be disputed, a lot of times the two year period is considered enough time for someone to file a claim if they plan to. If the period was more than that, it could possibly increase the chances of witnesses passing away or information and evidence being misplaced or lost. This two year limitation is there to protect both the plaintiff and defendant and gives both plenty of time to contact a lawyer, go over their case, and gather up the evidence and witnesses needed to testify if necessary.
Exceptions to the two-year period
There are exceptions to almost every rule including the statutes of limitation. This two year period could be different for someone who didn’t realize that they had such extensive injuries until maybe six months after an accident. If this situation happens, the two year limitation would start the day that the individual became aware of the injuries.
Another exemption to this rule is if the individual who was injured is mentally incapable of filing a claim in the two years after the accident. Minors are also exempt from the two year period and the two year period would start when the minor turns 18 years.
Personal injury lawyers advise initiating claims as soon as possible
While two years seems like a lot of time, when you are filing a claim, it’s not. There is paperwork, evidence and witnesses to gather up, going over your defense, and more. Sometimes the defendant wants to settle out of court and you have to negotiate with them before making a decision.
It’s always best to file a claim as soon as the accident happens but it’s not always possible. When you act quickly, your personal injury lawyer will then be able to preserve and keep up with your evidence that will help support your claim and contact the witnesses that were there at the accident and question them during interviews. Your lawyer can view all the court filings pending on your case and take legal action when ready. If you suffer from a personal injury, you will need a personal injury lawyer to assist you. Not only do they understand the nuances of the Ontario law but have helped innumerable clients like you, get the compensation and justice that they seek.