What The Statute of Limitations Really Says About Time Period For Filing Lawsuit

Are you trying to file a lawsuit to get damages for injuries that you sustained for no fault of yours? That is one of the reasons that most people start worrying about the Statute of Limitations. However, not all the information that relates to the statute of limitations becomes clear to the person that has thought about filing a personal injury lawsuit.

What the statute seems to say:

It seems to say that anyone who intends to file a lawsuit within 2 years of the injury-causing accident. And usually, the plaintiff does not try to self-represent but hire the services of a personal injury lawyer in St. Catharines.

The reason for the statute

The law discourages a delay in the reporting of accidents. A timely investigation favors the person that must defend against the filed claim. The courts seek to reduce chances that someone will file a false report. And that is why one of the key steps is that witnesses should be interviewed before they have forgotten exactly what happened. Experts are of the view that evidence should be collected and photographed as soon as possible. A videotaped scene should be reviewed before that same scene gets erased.

What is the ultimate limitation period?

The alternate time period was created because some injured victims needed more than 2 years in which to be sufficiently able to file a claim. There are various injuries that require time to manifest such as brain injuries. The law on the ultimate limitation period states that no claim can be made more than 15 years after the accident.

No limitation period in cases where the victim is a minor, but the victim can sue when he or she reaches the age of 18. Additionally, there is no limitation period when the victim is physically or mentally unable to commence a lawsuit.

The above provision should be brought to the attention of any parents whose son or daughter has sustained a traumatic brain injury. The same child should obtain assurance of financial help, after becoming an adult, and then struggling to earn a living. If the victim’s condition makes him or her unable to work, then that same victim should be fairly compensated.

The timely reporting of an accident, the prompt interviewing of witnesses and the efficient collection of evidence and photographs does not guarantee the absence of a delay in the diagnosis of a traumatic brain injury. The symptoms tend to get noticed slowly, and over an extended period of time. It is best to contact a personal injury lawyer and allow them to assist you through the process.

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