How Long Do You Legally Have to File a Personal Injury Claim?

When we talk about a personal injury claim, it isn’t just about how long we can wait. In fact, it’s all about how much time we have with ourselves. Usually, in many provinces, you’ll get at least twelve months to file your claim. Still, nobody wants to wait until the last minute to get everything started.

To file a personal injury claim, you need to do some essential things beforehand to get the maximum amount possible for compensation to enable your recovery. If you’re planning to wait until the last minute, it will be the riskiest thing to do.

In this article, you’ll learn how long you have to file a personal injury claim, the factors that affect deadlines, and why consulting a personal injury lawyer early can make a significant difference in the outcome of your case.

Types of Damages in Personal Injury Cases

Here’s a list of damages that you can include while filing a personal injury claim:

Economic Losses:

Economic damages include tangible losses that can be measured with objective evidence receipts, bills, and records. These damages are supposed to act as compensation for monetary losses that are directly linked to your injury.

The most common economic damages include:

Medical Bills: These are the most significant aspects of a personal injury claim. These expenses include every medical cost involved in treatment, such as hospital bills, doctor’s appointments, surgery costs, physical therapy, prescription medications, and medical equipment.

If you need ongoing care and treatment for your injury in future, future medical expenses will also be considered in your claim.

Lost Wages: If your injury is making you miss work, you will be entitled to compensation for the wages that you lost during the recovery time. This includes hourly or salary wages, bonuses, and overtime pay.

In case your injury leads to long-term disability, you are entitled to claim future wages if you’re unable to get back to work or if your earning potential is ended.

Furthermore, loss of earning capacity and property damage also come under economic losses. The former is a bit complex to calculate as it involves determining the loss of your income in future due to the injury.

The latter implies any damage to your vehicle, personal belongings, or residential property during the accident.

Non-Economic Damages:

Such types of damages are intended to compensate for the experience you encounter during the accident. These types of injuries are known to be more subjective and difficult to measure. They include:

Pain and Suffering: It refers to the physical and emotional trouble caused by the injury. This can include both the immediate pain from the injury, along with the continued discomfort or any other suffering that is caused by permanent or long-term side effects incontinuation. Such damages can account for:

• Chronic pain
• Disfigurement
• Scarring
• Disability

Emotional Instability: Apart from physical pain, victims also go through emotional distress, like depression, anxiety, or post-traumatic stress disorder (PTSD). Such a situation may arise from a trauma or injury, along with the pain, the impact it has on your lifestyle, or the worry of long-term disability.

Impact on Other Relationships: Also labelled as loss of consortium, it is considered a negative influence your injury may have on your relationship with your spouse, family members, and friends.

Loss of Enjoyment of Life: Such type of damages compensate for the loss of the capability to enjoy every activity and hobby that you pursue on a regular basis.

Punitive Damages:

Such damages are compensated in rare instances where the actions of the defendant were reckless or malicious. Unlike compensatory damages that help the victim ensure financial coverage only, punitive damages punish the wrongdoer and repel others from committing similar acts.

For instance, if the defendant is found engaged in intentional misconduct or grossly negligent, punitive damages will be awarded to the victim. It is applicable to drunk driving, assault, or any other intentional behaviour from the defendant’s side.

Wrongful Death Damages:

In cases where an injury results in death, the surviving family members of the departed individual can pursue a wrongful death claim. These claims usually include expenses for the funeral and burial procession, loss of financial support, loss of guidance and companionship, and emotional distress caused by the loss of the loved one.

What is the Right Time for Filing a Personal Injury Claim?

Each province has its own limitations for filing a personal injury claim. Usually, the best time to file a claim is when you have:

1. Carefully analyzed all your sustained damages after your accident and considered a concrete estimated total of your monetary compensation.
2. Consulted with a personal injury lawyer who can represent you in court and defend your best interests.
3. Fully recovered
4. Collected all the required evidence and proof to have a strong case for your claim.

Once you have everything completed, proceed with filing the claim. If you’re filing too early and settling too fast, you’ll end up missing out on a much significant settlement for compensation. Once the claim is settled, the defence and the insurance firm won’t have any further obligation to pay you further.

Things to Consider While Filing a Personal Injury Claim

Here are some essential things that you need to consider while filing a personal injury claim in Ontario:

1. Collect every evidence, witness statements, and other necessary documents to build a solid case.
2. Consider the filing deadlines prescribed by the provincial government to ensure timely action.
3. Consult an experienced personal injury attorney who can provide representation, legal guidance, and assistance while filing for claims.
4. Have medical bills and other expenses recorded to ensure better compensation.

To Summarize

Dealing with a personal injury after a devastating accident isn’t just a financial nightmare. In fact, it is definitely a physical and emotional distress that can leave you overwhelmed and helpless. However, with the required financial coverage and legal assistance, you can overcome this situation. Having a personal injury lawyer by your side not only ensures timely financial support, but they also guide you through various challenges, allowing you to recover from your injuries without any worries.