IF I HAVE BEEN INVOLVED IN A CAR ACCIDENT HOW LONG DO I HAVE TO SUE THE AT FAULT PARTY?
If you have been involved in a car accident in Ontario, the general rule indicates that you must commence a lawsuit within two years from the date of the accident.
There are two main exceptions to the two year rule. The first exception relates to minors. Generally a minor has two years from the time they turn 18 to start a lawsuit.
A second exception is one where you do not initially know that you were seriously injured as a result of the car accident. In that case you have two years from the time you knew or ought to have known your injury was serious to commence your action. There is an ultimate fifteen year rule that states that after fifteen years whether you knew or not about the seriousness of your injury you will be unable to commence a law suit.
In addition to the two year rule where the condition of a roadway controlled by a City, Region or the Province may have contributed to the accident you must place them on notice within ten days of the accident. In addition to the notice provision of ten days the law suit must still be commenced within two years from the date of the car accident.
When you are injured in an accident, you should take legal action right away. If you don’t you may lose your ability to pursue the matter. Contact us at Kelly Greenway Bruce for a free consultation, so we can help you protect your rights.
The above information is of a general nature and is not intended to provide legal opinions. Readers should seek professional legal advice on the particular issues which concern them. We would be pleased to elaborate on any information contained above and how it may apply to your specific circumstances.