Short Answer:
- Personal Injury Claim: Two (2) years to file
- Accident Benefits Claims: Thirty (30) day
Longer Answer:
You generally have two (2) years from the date of your accident or injury to file a claim in Ontario. Accident Benefits claims must be filed within thirty (30) days of the accident. It is important to remember that if you miss this deadline, you may lose your right to seek compensation. While the standard limitation period is two years, there are important exceptions and additional details to consider. For instance, if you're suing a municipality (city or town), you have only ten (10) days to provide notice of your claim. Also, if you don't immediately realize that you were injured, the two-year period begins when you discover the injury. Keep in mind that what the court considers "knowledge" of an injury may differ from your understanding, so it's always best to start the process early. Another exception is that if you are under 18, you may have a longer limitation period. However, acting promptly is always the safest approach.
Why Act Fast?
Even though you have two years, waiting can hurt your claim. Here's why:
- Your lawyer needs time to review your case and prepare necessary documents.
- Delaying increases the risk of forgetting important details.
- Evidence and witnesses may become unavailable over time.
Starting early ensures a smoother process, quicker resolution, and better focus on your recovery.
What to Do After an Accident:
- Prioritize your recovery – Your health comes first.
- Document everything – Keep a journal of your experience, noting both physical and emotional effects. Organize your medical bills and track your treatments.
- Contact a lawyer – Seeking legal advice early can make the process easier. Your lawyer can guide you on Accident Benefits and your right to sue the responsible party.
Nelligan Law is grateful for the contribution of Joe Habr, Articling Student, in writing this blog post.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
