After an accident, you have the legal right to sue the at-fault party. You can claim compensation for medical bills, vehicle damages, or future loss of income. However, there is a time limit to claim an accident lawsuit in Canada—usually two years from the date of an accident.
However, not all accidents are the same; thus, the time limit may vary. So the question may arise—what is the time limit for suing in a severe accident. Or how long after an accident can you sue in Canada?
Let’s find the answers in this blog.
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How Long After an Accident Can You Sue in Canada?
According to the Limitation Act, there are time limits to filing a civil suit in Canada. Generally, you can sue someone in Canada within 2 years after an accident.
However, there are a few exceptions to this limitation of 2 years. For example, you can suffer damages and injuries and claim against the municipality or province of Canada. In such cases, claiming within 10 days after the accident is necessary.
Additionally, the limitation period of 2 years will sometimes vary based on different cases. The claiming date may not be the exact date of the injury occurrence or accident.
For example, you might not immediately get physical injuries after an accident. The injuries might show up after years. Therefore, the limitation period will start when the injuries are clear and shows that the accident has caused them.
How Much Can You Sue After an Accident?
The suing amount can vary after an accident on which court you’re going to and the area or province you’re filing the lawsuit.
You may file a lawsuit in Provincial Court for up to $50,000 against an insured negligent driver. However, you should proceed to the Court of Queen’s Bench if your claim is more than $50,000.
In addition, you can easily resolve your case much more quickly in Provincial Court if you know that your case is minor, such as one concerning soft-tissue injuries.
You can only sue for $25,000 in Provincial Court and up to $200,000 in The Court of Queen’s Bench if you claim the MVAC (Motor Vehicle Accident Claim).
What Compensation Can I Claim for an Accident?
You can sue or file a lawsuit for all your damages after an accident. This covers pain and suffering, medical expenses, missed wages, required future care, and loss of earning capacity.
When you spend for accident-related injuries, it would be best to maintain copies of every bill and receipt. This is because everything—except your pain and suffering—will be based on actual bills such as hospital bills, medical bills, or even doctor appointments. You will need this crucial proof to support your claim.
Suffering and pain are arbitrary and negotiable, which is $379,050.28 for significant injuries and $5,365 for minor ones. However, a claim for pain and suffering will also require evidence.
Some acceptable forms of proof are Bills for mental health or psychological care, receipts for assistance devices you’ve had to purchase, and pictures or letters demonstrating your treatment.
Check Also: Sue after a Slip and Fall on Ice
Time Limits for Different Accident Claims in Canada
The time limits for an accident claim in Canada vary in different cases. Some categories which bring changes are gender, the severity of injuries, type, gender, etc.
Here are some cases and the time limit for the accident claim:
Motor vehicle and other accidents
You might be a victim of an accident and get a vehicle damaged. Also, you can get hurt or slip and fall on a lawn of someone’s negligence.
In such cases, you can sue the owner for accident claims. After an accident, you will have around 2 years to claim. Additionally, it can change based on different medical emergencies.
Medical malpractice
It is very tough to sue and get compensation for medical malpractice. Most medical terms are complicated to understand, so the victims usually fail to get them.
When there’s malpractice, you don’t immediately realize the changes. Therefore, you get some time to sue for medical malpractice.
According to the Canadian government, the time limit will start soon after you realize that you have injuries from previous medical malpractice.
From that start time, the time limit for suing goes 2 years. However, the time limit varies from state to state. Also, the time limit can go up to 30 years for such issues.
Sexual abuse cases
For sexual abuse cases, the sue time limit is from 2 years to 10 years. The government has recently announced an advantage for the victim. Victims have the right to sue an abuser whenever they are ready.
Being an elderly or child
Whether you’re a child or elderly, you can sue others. However, if you’re a child, you have a chance to sue within 2 years. Sometimes, a child can have no guardian; the time limit can vary in such cases.
On the other hand, the elderly have unlimited time to sue someone. If you can present the case properly, the jury board will consider your case.
Ice or snow injury
A victim can sue the municipality for mismanagement within 21 days. Whether there’s snow on the road or the sidewalk, you can sue them. However, this time limit varies in different states, which can go up to 30 days.
Hit and run case
You might fall into a motorcycle accident, injure yourself and damage the vehicle. In such cases, you will require to submit your claim to the MVACF (Motor Vehicle Accident Claims Fund) within 3 months. Also, make sure you provide proper documents and evidence to them.
However, the time limit and payment vary based on the severity of your injuries.
Time Limits For The Insurance Company
You must inform your insurance company of a motor vehicle accident within seven days of the accident. Then, within 30 days of the accident, you must fill out and submit an application for accident benefits. If an insurance benefit is refused, you have two years to negotiate, file a lawsuit, or settle a dispute with the insurance company.
How are Compensations Calculated?
After an accident, the sued amount varies based on the injuries and damages. However, to decide a compensation amount, the lawyers’ multiply the expenses of repairment and medical with 2 or 3. Whether it’s a major or minor accident, this compensation amount may differ.
How Do You Prove a Strong Case?
After an accident, you should hire a lawyer to start preparing for the trial. In this state, you will go against your insurance company.
Here are a few ways through which you can prove a strong case:
Gather Proper Proofs
When you start the suing process, you will require many written documents. So, you should hire a lawyer to help you gather proper proof. An experienced lawyer can easily gather proof for you as they can go through witnesses, videos, medical history, and pictures.
Determine Claim Value
When a person is injured, they barely have the energy to deal with the claiming and suing process. Therefore, you can get a lawyer to find your claim value and help you get the best amount you deserve.
File a Case
In most situations, after 2 years, you can’t claim a lawsuit or sue a person. Therefore, the best option is to hire a professional so that they can start processing the claim while you rest. As they’re experienced, they will collect the proof within the time limit.
Go for Negotiation
When recovering from pain and suffering, you won’t feel like running for the claiming amount. So, you can hire a lawyer and tell them the details. They will start working with your case while contacting you and negotiate the settlement at a good price.
Bring Case In-trial
Sometimes, clients can feel that they are getting a low claim amount. So, hiring a lawyer to get the best amount is a great option before filing a lawsuit.
What Can I Claim After an Accident in Canada?
You can sue the insurance companies when you are in an accident for someone else’s fault. Many people tend to sue these companies for the different kinds of pain and suffering that they go through after an accident.
The compensation amount will vary based on the severity and damage in the accident. This amount will help you ease the current situation besides the pain and injuries.
Here are a few things that you can claim after an accident in Canada:
- Medical expenditures
- Future care expenses
- Cognitive therapy costs
- Housekeeping and valuable services
- Loss of future earning capacity
- Property damages
- Wrongful death
- Lost wages
- Pain and sufferings
- Necessary in-home care
What to Do After an Accident?
Most people get confused after an accident. There are certain steps that you need to follow after an accident.
So, here’s a guide to help you after you encounter an accident:
Stay on the accident spot if possible
After an accident, you should stay at the accident scene. You should never leave the scene. But if you do, you should get back immediately.
Gather information
You should exchange your information with the other party. In addition, take their name, phone numbers, and address. It’s necessary to collect as much information as possible. You can also take pictures and videos if needed.
Take medical help
Now, treat your wounds. If you have injuries or not, contact the emergency. Sometimes, you may have injuries, but you may not see them.
Next, contact the police. After an accident, if you contact the police and file a case, this report will help you while claiming.
Contact your lawyer
After all these steps, contact your lawyer. If you don’t have one, hire a lawyer after the accident. The faster you get a lawyer, the more time you’ll get to collect evidence. They will also help you collect additional things related to your case.
File an accident claim
Finally, contact your insurance company to file the accident. They will provide the coverages, and you can continue the treatment, like massage and physiotherapy.
Final Verdict
By now, you know “how long after an accident can you sue in Canada.” While you continue wondering about the amount you can sue and the claims you’ll receive, the clock will continue ticking.
However, every state has different rules and regulations that people must follow after an accident. So, hire your lawyer as soon as possible to get what you deserve.
