You Were Injured Months Ago – Is it Too Late to Make a Claim?
Months have passed since your accident. Your injuries have not improved and now you are wondering whether you waited too long to speak with a lawyer.
The answer is: not necessarily.
In Ontario, the general limitation period for starting a personal injury lawsuit is two years from the date you discovered or reasonably should have discovered that you had a potential claim. In many cases, that will be the date of the accident, but the analysis is not always straightforward. Different rules may apply depending on the circumstances and the injured person’s age or capacity.
Some claims also have much shorter notice periods. For example, claims involving a municipality may require written notice within 10 days. If an injury is caused by snow or ice on private property, notice may be required within 60 days. Missing one of these deadlines does not always end a claim, but it can create a significant legal hurdle.
Waiting can also make a claim more difficult to prove. Surveillance footage may be erased, witnesses may become harder to locate, and important details can fade. Gaps in medical treatment may also allow an insurer to question the seriousness or cause of your injuries.
If you were injured months ago, do not assume it is too late. Speak with a personal injury lawyer as soon as possible so the applicable deadlines can be reviewed and steps can be taken to preserve the evidence.
The longer you wait, the fewer options you may have—but getting advice now could still protect your right to compensation.
