Be Mindful of Limitation Periods in Your Ontario Accident Claim

Most Ontario motor vehicle accident claims on  behalf of an adult must be started within two years of the date of the accident.  However, to preserve your right to pre-judgment interest, you are required to give a form of notice to the drivers against whom you may claim within 120 days of the accident.

There is strategy involved in negotiating as the limitation period gets closer.  Your best bet to staying on the right side of the notice and limitation periods is to get legal advice.

You might be surprised to know that even if you are in negotiations with the insurance company, if the limitation period passes and you have not started a claim, you could be “statute barred”, meaning your right to compensation is gone.

You should also know that many lawyers will not accept a case on the eve of the limitation period.  Because lawyers generally get paid on a contingency fee basis (no win- no fees), the lawyers must investigate the claim to determine if it is winnable before they accept the case.  Without time to conduct due diligence, many lawyers will regretfully decline you case.

If you are looking for information about what limitation period applies to your personal injury claim, contact an experienced personal injury lawyer.  The accident lawyers at Auger Hollingsworth will assist you to determine how the Statute of Limitations applies to your injury case.  Call us at 613 233-4529 or complete our contact us form.

About the Author: Brenda Hollingsworth

Brenda Hollingsworth co-founded Ottawa’s Auger Hollingsworth in 2005 with her husband Richard Auger. Together, their mission was to create a personal injury law firm for Eastern Ontario that is unrivalled in the province for customer service and legal expertise. Brenda was named an Ottawa Business Journal Forty Under 40 award recipient and took home the Women’s Business Network’s Businesswoman of the Year award in the Professional category. She was also recognized as one of Ottawa Life Magazine’s “Top 50 People in the Capital.” She is often quoted as an expert and has appeared in media outlets such as CTV, The Globe and Mail, National Post, Ottawa Citizen, Sun Media, CBC, Toronto Star, Montreal Gazette, CFRA and many legal publications.

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