Facts of Accident Determine Time Length To Sue

If you want to sue someone, you go see a lawyer. What if you are not sure whether you want to sue? Maybe you decide to wait for awhile and think about it.

You should see a lawyer right away in any event. It is not a good idea to ever wait very long. This is not because I am encouraging you to spend money on legal fees. Indeed, many lawyers will not charge you for your first meeting. Rather, you should see a lawyer because certain types of lawsuits have time restrictions setting out when the lawsuit can be brought. After a meeting with a lawyer, you will know if there is any hurry.

The legal phrase for a time restriction on when a lawsuit must be brought is “limitation period”. A limitation period is simply the length of time you have in which to bring a suit from the time when the right to sue arises. The length of time varies greatly depending on the type of suit involved.

The rationale for having limitation periods is that at some point a possible defendant should be free from worry over whether the suit will be brought.

Most limitation periods in Ontario are contained in statute law. The most general statute in the area is the Limitations Act.

In the ordinary case of breach of contract or negligence, the limitation period under the Limitation Act is six years. In a breach of contract case, the time starts running when the contract is breached. In a negligence case, the time starts running when the wronged party discovers, or reasonably ought to have discovered, the damage or injury caused by the negligence.

There are exceptions. In a case of negligence involving a car accident, the limitation period is set at two years under the Highway Traffic Act. Its’ commencement may be delayed until a court concludes the injured person knew or ought to have reasonably known he or she has suffered a severe and permanent injury. Other statutes (for example the Family Law Act) also have different limitation periods.

The most severe limitation periods involve lawsuits against government or government agencies. For instance, any suit against the provincial government or a municipality for damage done by an unrepaired road must be brought within three months. The Public Authorities Protection Act requires suits brought against authorities to be brought within six months.

The lesson to be learned is worth repeating: Don’t delay seeing a lawyer if you want to sue somebody!

Facts of Accident Determine Time Length To Sue

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