Disclaimer: This blog is only intended for educational purposes and shouldn’t be used as a substitute for legal advice.
There are several things to think about after an incident. You’re in excruciating pain, yet you need to pull yourself together to cover your hospital expenses and seek the settlement payments. Read the full blog below to learn how long after an incident you can litigate in Canada.
When you’re unwell, in discomfort, or bedridden, the authorities don’t expect you to go to court and submit a complaint against the wrongdoer. So they set a time limit for you to recover and then file a lawsuit against the person. If you are hospitalized for an extended period, your relatives should file a lawsuit against the responsible party.
A personal injury is defined as any injury produced by an incident that causes pain and misery and the potential for financial loss. Events that result in serious injury are entitled to reimbursement under Canadian law; however, you must first make a personal injury lawsuit. This monetary compensation may be used to compensate a wide range of costs, losses, and damages.
Here’s everything you need to know about a personal injury claim in Canada and its time frame.
What is the personal injury law in Canada?
In Canada, the Law of Torts includes personal injury cases. A tort is a legally sanctioned wrongdoing that can be used for a lawsuit. These wrongs or torts cause harm or injury to the victim, who then brings a lawsuit against the responsible person.
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An individual may file a personal injury lawsuit if they suffer physical, psychological, or material damage due to the accident. Compensation for pain, suffering, lost wages, medical bills, as well as other types of damages are available to those who have been wounded.
Whatever the cause of your injury, you may be entitled to compensation for your suffering. Consult a personal injury lawyer as soon as possible, not only because you have a limited amount of time to file a claim but also because the sooner you hire a lawyer, the sooner your claim may be explored. While everyone’s memories of your injuries are still fresh, a lawyer can gather important facts, interview witnesses, and obtain statements.
What is the time limit of filing a personal injury case?
In Ontario, the Limitations Act 2002 establishes time constraints for when an individual can sue another party for specific allegations, like personal injury. A wounded person typically has two years after the day of the accident to pursue legal action for damages and losses suffered. However, the regulation does not apply to everyone.
In Case The Victim Is A Minor Or A Person Who Is Unable To Work
The law itself specifies exemptions to the ordinary two-year time limit. The Limitations Act of Ontario, 2002 states that if the complainant is a juvenile and a complaint isn’t filed on the child’s behalf by a judicial supervisor, the two-year clock starts ticking once the youngster turns eighteen.
In addition, if an individual is unable to take legal action due to a physical, emotional, or psychiatric condition and no complaint is filed on their behalf by a legal custodian, the two-year clock does not begin to run until after the incident. Instead, the limitation period will begin when a sensible person in the wounded party’s shoes surely knows about the applicable prescribed time limit.
Get In Touch With An Experienced Personal Injury Lawyer
Contact Nanda and Associate Lawyers Cooperation if you seek consultation from personal injury lawyers in Mississauga. We represent clients in personal injury, civil litigation, immigration, real estate, and family law matters, among others.
Our Canadian immigration consultants take pride in giving a 100% to all our clients to make sure you are giving your case in the right hands.
Please book your consultation with our personal injury lawyers today.
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