Don’t Miss Your Window! Deadlines You Need to Know for Personal Injury Claims

Article by Matt Newton-Reid
and Marie Duguay

If you’re in a car accident or experience a slip and fall, rightfully, your primary concern should be taking care of yourself and your health. However, if you wish to file a claim, you should know that there are Limitation Periods and Notice Period requirements with strict timelines that are dependant on your specific circumstance.

Here is a breakdown of the various Limitation and Notice Periods to be mindful of to ensure you don’t miss your window.

General Limitation

This is the main Limitation Period to be mindful of, missing this can be fatal to your claim. This is a two-year limitation period, pursuant to the Limitations Act, 2002, S.O. 2002, c.24, Sch B. The clock starts ticking on the date of the accident, also known as the ‘date of loss’. If you fail to issue your claim in court within this time period, you could lose your right to claim compensation. This deadline applies to all personal injury claims, from car accidents to slip and falls to assaults.

Motor Vehicle Accidents

When dealing with the aftermath of a car accident, you have your damage/injuries claim but you are also able to apply for accident benefits with your insurance company. If you are in a car accident, you must provide notice to your insurance company within 7 days of the accident in order to be entitled to accident benefits. This is the first of several timelines involved in obtaining accident benefits through your insurance company. For more information on this, please see ‘Think Twice Before Paying Out of Pocket for a Fender Bender’.

Slip and Falls

Slip and falls have their own specific rules for notice requirements depending on where the fall occurs:

Municipal Property – Pursuant to Municipal Act, 2001, S.O. 2001, c 25.

• Written notice must be provided to the municipality within 10 days of the incident
• The written notice must be delivered to the city clerk of the municipality
• Lack of awareness of the 10-Day notice rule will not save a claim if you failed to notify the municipality within the notice period

Any Other Property (not municipally owned) – Pursuant to Occupiers’ Liability Act, R.S.O. 1990, c. O.2.

• Written notice must be provided to the property owner within 60 days 

Conclusion

Act fast, don’t delay when you are injured in a car accident or by a slip and fall. You have two-years from the date of the accident or incident to issue your claim. Parties need to be notified, and those timelines differ based on who needs notice: ten days for the municipality for injuries on municipally owned land, and 60 days for the property owner for injuries obtained on privately owned land.

You can always contact a Cohen Highley Personal Injury Lawyer if you are unsure about these timelines or have any questions about personal injury claims. Consultations are free.