How Long Do You Have to File a Slip and Fall Lawsuit?

Slip and fall accidents can cause physical, psychological and cognitive injuries and cost you significant sums of money. If you aim to protect your rights and want to file a lawsuit, prompt action is needed. But how much time do you have to take legal action?

The Ontario statute of limitations outlines specific timeframes that you need to acknowledge when filing a claim. In our article, our experienced personal injury lawyers will share more information about the statute of limitations and how long you have to file a slip and fall lawsuit.

Statute of Limitations: Understanding its Significance

The statute of limitations is the time limit for starting legal proceedings in Canada. Each type of offence has a unique time limit. Civil cases, such as slip and fall lawsuits, have specific time frames.

These limitations also vary by province in Canada – and it is important to know which time limit applies in your area to avoid having your slip and fall injury claim dismissed.

Filing Slip and Fall Lawsuits: Your Timeframes

Some common deadlines for slip and fall lawsuits IS two years from the date of the incident. For example, Ontario has a two-year timeframe limitation for most claims, while Quebec has a three-year limitation period for personal injury claims.

If you experience a slip and fall incident on municipal property, you will face a time limit for letting them know you intend to sue. While there may be some exceptions for failing to follow the notice period, such as having a reasonable excuse, Our personal injury lawyers in Toronto advise that the timeframe for informing them is 10 days. The notice must be done in writing, and must include specific details.

In addition to this, the current law in Ontario dictates that if you have a fall on snow or ice, you must provide written notice of your claim within 60 days of the incident to the property owner or responsible party. This written notice must also have specific details of the incident.

Acting Quickly: Why Swift Action is Needed

Delays in taking action or failing to stick to deadlines such as these can weaken your case in several ways (if it is even accepted at all). Our experienced personal injury lawyers in Ottawa advise that the following issues can arise if you do not take swift action in your personal injury case:

• Evidence Loss – You may find that witness statements are more difficult to obtain if you delay in taking action. Over time, they may forget crucial details related to the case and the reliability of their statement may be questioned.

• Difficulty Demonstrating the Severity of Injuries – If you delay seeking medical attention or fail to take immediate action, it may be difficult to prove the severity of the injuries. It can also be more challenging to show that the injuries are related to the slip and fall incident.

To ensure there are no delays, and to meet the important deadlines, we recommend consulting a lawyer early. Experienced personal injury lawyers will provide the right support, help you gather the evidence, collect the documents that can support your case, and work toward prove someone else’s negligence, doing this before the deadline approaches.

Statute of Limitations Exceptions

We have mentioned that municipal property slip and fall incidents have a shorter deadline, but there are some other exceptions to the statute of limitations deadlines.

Generally speaking, you have two years to commence a law suit. This is different than written notice. However, if the case involves a minor, the time limit will usually only begin when they become 18 or have a guardian appointed for the case.

In other situations, such as when the injuries are not apparent straightaway, the limitation period may start when the injury is discovered.

Actions to Take Following a Slip and Fall Incident

To protect your legal rights, there are a few actions you may take. We advise following the steps below to ensure your case goes smoothly:

• Seek Medical Attention – As soon as the incident takes place, you should seek medical attention. Getting seen by a doctor immediately will give you access to a medical record, which can support your case.

• Report the Incident – You should let the property owner or manager know that the slip and fall incident has happened. This may result in an official record of the incident, giving you additional evidence for your case.
• Document the Scene – Taking photos and collecting witness details and statements are also crucial steps that can support your case. Photos may include any elements in the scene that may have caused the fall, such as a wet floor without a sign, while witness statements may include what they saw or heard, such as uneven paving.

How Lawyers Help You Meet Deadlines

A lawyer’s role in your case is to ensure you meet the statute of limitations deadlines. They will help you achieve this by making sure all paperwork gets filed correctly. Since they are mindful of the deadlines, they will also work to ensure the paperwork is filed on time.

Experienced lawyers will also guide and support you throughout the legal process. With our personal injury lawyers in Whitby, you can entrust the legal process to a knowledgeable legal team that will fight to maximize your compensation from an insurance company and support your rights.

Handle Your Slip and Fall Case with Experienced Lawyers at Ristich Law

Acknowledging the statute of limitations is important and will help ensure your case does not get dismissed on the grounds of delays. Keep in mind that taking immediate action will help you obtain fair compensation.

If you have experienced a slip and fall accident, don’t delay. A legal team such as the lawyers at Ristich Law will guide you through the case with legal advice, help you secure justice, and get you the compensation you deserve. Contact Ristich Law today for a free consultation. Protect your rights with experienced local personal injury lawyers today.