Why Is The Timing Of A Personal Injury Lawsuit So Important?

Why Is The Timing Of A Personal Injury Lawsuit So Important
If you have been injured as the result of somebody else’s negligence, then you need to act quickly. We have all seen the commercials and advertisements about being entitled to a claim. What those commercials often fail to tell you is that your entitlement has a time limit.

It may seem unfair that your time to sue for compensation can simply expire. After all, you suffered losses due to your injury regardless of whether it happened last week or last decade, but that is what the law entails.

You need not panic, however, for the law is rather generous with the time it allows after the inciting incident for one to make a claim. Still, it is always more beneficial to seek a lawyer sooner rather than later, and here is why.

Limitation Periods in Ontario

The limitation period in Ontario is determined by the Limitations Act of 2002, which gives details about the limitation period for a claim and any exceptions to the rule. The basic limitation period is two years from the earliest date of when the injury was first discovered or when the person with the claim is judged ought to have known about the injury.

For example, if you dislocated your shoulder as a result of a slip and fall injury, you have until two years after the date of the slip and fall to make your claim. However, there is a discoverability principle which could apply to allow the two years to start from the date the doctor diagnosed the dislocated shoulder.


If the person with the claim is a minor and is not represented by a litigation guardian for any amount of time after the injury is discovered, this time is not counted towards their 2-year window to make the claim. The same is true if the person in question is at any time unable to proceed with the claim due to a physical, mental or psychological condition.

If a litigation guardian is representing the person with the claim for whatever reason, the two-year limitation would apply from the date the litigation guardian is appointed. Otherwise, it begins when the minor turns 18 and so the minor would have 2 years from the date they attain the age 18.

The Benefits Of Seeking A Lawyer Right Away

While the standard 2-year window may be comforting, it should not be an excuse to procrastinate regarding your claim. Submitting a personal injury lawsuit can be overwhelming, so naturally, people will want to put it off for as long as possible. However, getting a lawyer sooner rather than later can allow them to walk you through the process and make it much easier. It also provides the law firm time to build the case by gathering the relevant records and communicating with the insurance company about the serious nature of the claim so they set aside appropriate reserves to pay out the claim.

A claim for a serious injury or one which requires dedicated time to look into will likely mean more work for a lawyer which in turn takes longer to process. Furthermore, acquiring relevant information that is recent such as medical bills, surveillance footage and eye-witness information, will be easier than compiling that same information a year later, so it is better to get started early.

Finally, think about opportunity cost. Injury lawsuits can lead to a great deal of compensation, especially with a skilled injury lawyer representing you, so every week that you wait means more missed opportunities, which are likely to rack up as a result of you not having access to that money sooner.

Need A Reliable Personal Injury Lawyer In Hamilton?

You want an injury lawyer who you can rely on to give you the advice and representation that you need. After all, the right lawyer can be the difference between $50,000 and $150,000 of compensation. If you live in Hamilton, consider Virk Lawyers. Virk Lawyers have been providing representation for Hamilton clients and winning them compensation for their personal injury lawsuits since 2013. Call us today!