What is the statute of limitations for personal injury claims in Toronto?

The statute of limitations for personal injury claims in Toronto is two years. This means that an individual has two years from the date of their injury to file a personal injury claim. If the individual does not file their claim within this two-year time frame, they may be barred from seeking compensation for their injuries.

It is important to note that the statute of limitations for personal injury claims can vary from province to province and from country to country. In Toronto, the Limitations Act sets a two-year time frame for personal injury claims. This time frame applies to a variety of personal injury claims, including but not limited to:

1. Car accidents

2. Slip and fall accidents

3. Medical malpractice

4. Defamation

5. Assault and battery

The two-year time frame for personal injury in Toronto begins from the date of the injury. This date can be difficult to determine in some cases, especially if the injury develops over time. For example, if an individual was involved in a car accident that resulted in a spinal cord injury that worsened over time, the statute of limitations would begin from the date of the initial injury, not the date when the injury worsened.

It is important to seek legal advice as soon as possible after an injury occurs to ensure that you have a full understanding of your rights and the statute of limitations that applies to your case. An experienced personal injury lawyer can help you understand the time frame for filing a claim and can assist you in ensuring that your claim is filed within the required time frame.

There are some exceptions to the two-year statute of limitations for personal injury claims in Toronto. For example, if an individual is under the age of 18 at the time of the injury, the statute of limitations does not begin to run until their 18th birthday. Additionally, if an individual is unable to file a claim due to mental incapacity or a physical disability, the time frame may be extended.

In Toronto, it is also important to understand that there are different deadlines for different types of personal injury claims. For example, claims against the government must be filed within a shorter time frame, usually within 10 days to six months of the date of the injury, depending on the circumstances. Claims against municipalities also have a shorter time frame, typically within 10 days to two years of the date of the injury.

In addition, some personal injury claims are subject to the discovery rule. This means that the statute of limitations does not begin to run until the individual discovers that they have been injured, or ought to have discovered their injury through the exercise of reasonable diligence. For example, if an individual was involved in a car accident and only discovered that they had a back injury months later, the statute of limitations would not begin to run until the date of discovery of the injury.

It is also important to understand that the Toronto statute of limitations for personal injury claims applies only to civil court proceedings, not criminal proceedings. This means that even if the statute of limitations has expired for a personal injury claim, the individual may still be able to pursue a criminal case against the person responsible for their injury.

Furthermore, in some cases, the statute of limitations for personal injury claims in Toronto can be extended by agreement between the parties. For example, if the individual and the person responsible for their injury agree to extend the time frame for filing a claim, the statute of limitations can be extended. However, it is important to note that such extensions are rare and must be agreed upon in writing.

In conclusion, the statute of limitations for personal injury claims in Toronto is two years from the date of the injury. It is important to seek legal advice as soon as possible after an injury occurs to ensure that your rights are protected and that you have a full understanding of the time frame for filing a claim. If you have any questions about the statute of limitations for personal injury claims in Toronto, it is recommended that you speak with an experienced personal injury lawyer.