Have you recently suffered injuries due to someone else’s negligence or recklessness? Are you unsure about pursuing a personal injury claim because you fear missing the deadline for doing so? Steering the statute of limitations in personal injury cases can be intimidating without adequate guidance from a competent personal injury lawyer Toronto. Below is an inclusive overview of the concept of limitation periods in personal injury matters and insights into how a proficient attorney can help you timely file your lawsuit.
What is the statute of limitations?
The statute of limitations is a law that sets the maximum amount of time a person has to initiate legal proceedings from the date of the incident or discovery of harm. Once the statute of limitations expires, the injured party loses the right to file a lawsuit and seek compensation for their injuries.
Why do statutes of limitations exist?
- Statutes of limitations serve several purposes, including:
- Encouraging quick resolution of legal disputes.
- Protecting defendants from stale claims where evidence may be lost or witnesses unavailable.
- Promoting judicial efficiency by preventing old cases from clogging the court system.
When does the statute of limitations begin?
The clock on the statute of limitations typically begins to run from the date of the injury or accident. However, in cases where the injury is not immediately apparent, such as medical malpractice or toxic exposure, the statute of limitations may begin from the date the injury was discovered or should have been discovered through reasonable diligence.
Are there exceptions to the statute of limitations?
- Certain circumstances may toll (pause) or extend the statute of limitations, including:
- Minority: Minors may have a longer period to file a lawsuit after reaching the age of majority.
- Disability: If the injured party is mentally or physically incapacitated, the statute of limitations may be tolled until they regain capacity.
- Fraudulent concealment: If the defendant fraudulently conceals the injury or their role in causing it, the statute of limitations may be extended.
What happens if the statute of limitations expires?
If the statute of limitations expires before a lawsuit is filed, the injured party loses the right to seek compensation through the legal system. The defendant can raise the statute of limitations as a defense, and the court will likely dismiss the case.
