Claim Time Limitations

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    ClaimTime Limitations

    How Much Time Do I Get to File My Personal Injury Claim in Ontario?

    Most personal injury cases come under a 2-year limitation period from the time of discovery. Discovery in this case means that either the claimant gains knowledge of the required details regarding the claim or finds that the incident in fact calls for proceedings.

    So, if you’re a personal injury victim, don’t wait and contact us today.

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      Additional Benefits of seeking a personal injury lawyer, include the following:

      • Remember, receiving a consultation with a personal injury lawyer is absolutely free. You should have complete confidence in your personal injury lawyer before you select them for your case.
      • We help you connect with the right legal team to speed up an otherwise long-winded process so you can simply focus on your recovery.

      How Long Is The Statue of Limitation for Reporting Injury Claims?

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      Statute of Limitations in personal injury cases for minors

      In personal injury cases that involve minors, the statute of limitations goes up to 2 years after his or her 18th birthday. The reason for this exception is that by the time a minor has reached the age of 20, the court expects him/her to be mature enough to take a call on whether they should pursue the claim or not.

      Expected Timeframe for a Personal Injury Claim

      It’s important to know that even if you do seek a personal injury lawyer at the earliest, it invariably does take a bit of time for your claim to go through. Why?

      This is because there are several steps in the entire process, which we need to follow to successfully file a claim.

      The 4 most integral steps in filing a personal injury claim in Ontario are:

      Filing the Statement of Claim with the Court Office

      Your personal injury lawyer initiates the lawsuit by filing the claim statement and thereafter serving it to the defendant.

      Notifying the Defendant

      In most personal injury cases, the defendant tends to be the insurance provider of the party you intend to sue. More often that not, the insurance company will attempt a direct negotiation with you in the hope that you’re amenable to settling the claim out of court. This is because there is a significant chance that your personal injury lawyer can get you a much higher compensation through a court proceeding than he can from an out-of-court settlement.

      Mediation

      Within the jurisdiction of the Ontario Province, your personal injury lawyer and the defendant can mutually reach a settlement compensation that is acceptable to both parties and avoid going to court.

      Pre-Trial

      At this juncture in your personal injury claim case, the judge convenes with your personal injury lawyer and the defendant’s legal representatives to offer his opinion on the case. Depending on the judge’s feedback, your personal injury lawyer recommends whether you pursue the case further or you accept the defendant’s offer. Several personal injury cases are settled during the pre-trial meeting itself.

      Typically, the steps detailed above, take place alongside various other activities such as scheduling meetings, conflicts, evidence collection, etc.

      A realistic estimation of the timeline by which a personal injury case can be settled is at the very least 5-6 months. However, this could take longer depending on the circumstances.

      Areas our professional team serves for Personal Injury Cases? Ontario-wide, contact us today to see how we can be of help.

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