Tag Archive for: Car Accident Lawsuits

Accident Lawyer in Brampton

How Long After an Accident Can You Sue in Canada?

If you have been injured in an accident, you may wonder how long you have to sue. Be mindful that Personal Injury Claims have time limits. Beware, as oftentimes, lawyers will not take on a case if the limitation period is closely approaching or has passed, and the courts have no discretion to extend a limitation period once it has expired.

What is a Limitation Period? 

There are many important reasons why you should consult with a lawyer as soon as possible after you have been injured in an accident. One important reason is that failure to do so could mean you completely lose the right to sue, which means your right to compensation is gone! If you have been the victim of a car accident or other personal injury, the Statute of Limitations Act will apply. 

Motor Vehicle Accidents and Some Basic Important Limitations 

  • Seven Days to inform the accident benefits Insurer. 
  • Thirty Days to submit an Application for Accident Benefits. 
  • One hundred twenty days to provide notice to the defendant of the accident.  
  • One year from the time of the accident to sue for loss or damage of a vehicle. 
  • Two years from the date of the accident to sue or arbitrate against your Insurer.  

Accidents Involving the Government 

You can sue the government of Ontario for personal injury if the government’s negligence caused your injuries. This could include negligence in the operation of a government-owned property, such as a road or park, or in the provision of government services, such as healthcare or education.

  • To sue the government, you must first give it 60 days’ notice of your intention to sue. This is called “Crown notice.” You can find more information about Crown notice on the Ontario government’s website.
  • After you have given Crown notice, you can file a lawsuit in court. The lawsuit must be filed in the Superior Court of Justice.
  • The government will defend itself against your lawsuit. The government will likely have its own lawyers who will argue that the government was not negligent and that you are not entitled to any damages.
  • If you win your lawsuit, the government will be ordered to pay you damages. Damages can include compensation for your medical expenses, lost wages, pain and suffering, and other losses.

It is important to note that suing the government is a complex process. You should speak to a personal injury lawyer to discuss your case and get legal advice.

Possible Exceptions that may apply to the Two Year Limitation 

  • The claimant is Under 18 in such cases; the limitation begins when the claimant turns 18 years old. 
  • The claimant is mentally incapable and lacks the capacity to initiate a claim. 
  • The claimant did not know they sustained a threshold injury.

You Know What to Do… Call Chorney Sidhu to Protect Your Interests and Schedule Your Consultation Today

If you have been looking for more information regarding the question, “How long after an accident can you sue?” you are in the right place. To learn more about starting a car accident lawsuit, speak with the experienced and responsive legal team at Chorney Sidhu Injury Lawyers in Brampton by dialling 844-487-8482 today to schedule your consultation.