Most Ontario motor vehicle accident claims on behalf of an adult must be started within two years of the date of the accident. However, to preserve your right to pre-judgment interest, you are required to give a form of notice to the drivers against whom you may claim within 120 days of the accident.
There is strategy involved in negotiating as the limitation period gets closer. Your best bet to staying on the right side of the notice and limitation periods is to get legal advice.
You might be surprised to know that even if you are in negotiations with the insurance company, if the limitation period passes and you have not started a claim, you could be “statute barred”, meaning your right to compensation is gone.
You should also know that many lawyers will not accept a case on the eve of the limitation period. Because lawyers generally get paid on a contingency fee basis (no win- no fees), the lawyers must investigate the claim to determine if it is winnable before they accept the case. Without time to conduct due diligence, many lawyers will regretfully decline you case.
If you are looking for information about what limitation period applies to your personal injury claim, contact an experienced personal injury lawyer. The accident lawyers at Auger Hollingsworth will assist you to determine how the Statute of Limitations applies to your injury case. Call us at 613 233-4529 or complete our contact us form.