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The truth is that personal injury law requires a great deal of consideration. There are many different reasons for which you should consider hiring a lawyer right after the accident. Getting the full extent of the legal protection as well as being properly represented throughout the entire course of the events is without a doubt paramount. However, when it comes to filing compensation claims, there is one thing that you need to be particularly careful about and that’s the terms. The Statute of Limitations is in full force over the province of Ontario and you have to keep a close eye on it in order to make sure that your claim doesn’t actually expire.
Drafting for legal action
The first thing that you need to do after you get injured is to file your intent to pursue legal actions. Even though there is no official form for that, it is best if you get a lawyer to draft it because it’s capable of being used later on during the trial and court procedures.
The intent is sent in different terms, depending on the status of the opposing party but in any case, it can’t surpass 2 weeks. The actual legal term is 14 days because 2 weeks could be considered a bit ambiguous. In any case, failing to file the intent within 2 weeks is going to make you encounter significant troubles when you decide to actually file your compensation claim. Sure, it’s possible to do so but you would have to provide thorough explanation for the reasons for which you weren’t able to file the intent. If the court decides that they are respectable enough, you might be entitled to go on with the procedure but in the other case you’d rights to push the matter forward would be suspended.
Waiting period
What is more, after you file your intent against a regular person, for instance, you would have to wait for another 30 days. This is the supposedly required time for someone to prepare for the upcoming legal action. It’s supposed to provide the opposing party with enough time to take all the necessary precautions to protect itself against the motion. The solution is fair.
This term is prolonged when you are filing against municipal authorities or governmental institutions. For instance, if you slip and fall on a public walkway you would have to file against the municipality that’s in charge. With this in mind, you have to file your intent within the first 14 days and you would have to wait for another 60 days prior to being able to file your claim. Whether or not this solution is appropriate is subjected to debates but that’s the way it currently is. However, it is not recommended that you do it all on your own as the legal process is complex and unless you have an experienced injury lawyer in your corner, winning the compensation might get difficult.