Important Deadlines when Pursuing a Personal Injury Claim in Ontario
Many people wonder “how long do I have to sue after a slip and fall?” or “do I have to notify anyone of my injuries after a car accident?” If you’ve sustained an injury as a result of a motor vehicle accident, slip and fall, trip and fall or assault and are considering bringing a lawsuit, there are some important timelines to be mindful of.
Two-Year Limitation Period
Generally, under the Ontario Limitations Act, you must sue someone within two years from the date of your injury. If you do not commence a claim within two years, you are out of time. Some exceptions to the two-year limitation period include if you are a minor or do not have capacity.
Notice Obligations in Specific Circumstances
You may have additional notice obligations if you sustained an injury on municipal property, or if you slipped and fell on snow or ice on private property:
Injury Caused by Municipal Property being in a State of Disrepair
If your injury was caused or contributed to by municipal property being in a state of disrepair, you must notify the municipality of your intention to sue within 10 days of the incident. If you do not put the municipality on notice, you generally cannot sue them for your injuries. A notice letter must include the date, time and location of the incident. Examples of injury caused by municipal property being in a state of disrepair include slipping and falling on an icy sidewalk, tripping over an uneven sidewalk, or losing control of your vehicle after hitting a pothole in the road.
Injury Caused by Snow or Ice on Private Property
If your injury was caused by a slip and fall on snow or ice on private property, you must notify the property owner, or someone responsible for maintaining the property, of your intention to sue within 60 days of the incident. If you do not put one of the potential defendants on notice within 60 days, you are generally prohibited from pursuing a claim.
Contact a Lawyer
It is important that if you are considering legal action following an injury you consult a lawyer as soon as possible so they can protect your rights.
If you or someone you know has sustained an injury and are considering taking legal action please contact us for a free consultation with one of our lawyers.
On February 16, 2022, Luis Quail was a guest on the “Ask Concussion Doc” podcast hosted by Dr. Cameron Marshall, chiropractor and owner of Complete Concussion Management Inc. (www.completeconcussions.com) to discuss legal steps following an injury or concussion.
