How Long After an Accident Can You Sue in Canada

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How Long After an Accident Can You Sue in Canada

After facing an accident, there are lots of things to consider. You are in pain, but you have to get it together to pay your medical bills, endure your pains, and run for the compensation money. To know how long after an accident can you sue in Canada, read the full article below. You will get an in-depth idea if you read it carefully.

Now, when you are sick, in pain, or bedridden, the authority does not expect you to go file for a case against the fault party. So, they fixed a period for you to get well and sue the person for compensation. If you are sick for a long time, then your relatives have to sue the fault party.

According to the severity of your medical and mental condition, the time of suing can be pushed a little farther. But that consideration is totally up to the jury board. That is why contact your legal advice to present for you properly.

How Long After an Accident Can You Sue in Canada?

After the date of the accident, you have around 2 years to sue the fault party asking for compensation. This, too, depends on your situation. The lawyer needs to investigate the matter verily, so he/she will be needed time. The more you delay, the harder it will get to solve the party according to your want. So, you better hurry.

Accident Claim Time Limit in Canada

For different cases, the time will vary. It depends on the type, gender, age, and severity of the wounded person. Let us have a look at some of the cases and their time limit for suing.

1. Motor Vehicle and Other Accidents

If you are a victim of a car accident and the car got damaged, and you are brutally hurt, or you have slipped and fallen on someone’s lawn for their negligence in cleaning the area up, then you can sue them for compensation. You have 2 years after the accident happened. For medical emergencies, it can be changed and modified.

2. Medical Malpractice

Suing for medical malpractice and getting compensation is the hardest of all. Because the medical terms are not easy to understand, and common people will not accomplish anything easily. After the malpractice, you may not be able to understand the blunder. But you have a limited time to sue.

That is why the Canadian government said that after you have known that there is something wrong with you for any previous medical malpractice, the time will start from then. After that, you will have 2 years to sue. In different states, that limit is also bounded. A maximum of 30 years can be considered for these cases.

Can You Sue Someone for Emotional Distress

3. Sexual Abuse Cases

Previously victims of sexual abuse had a limit from two to 10 years to sue their abuser. The government currently announced that they could sue the abuser at any time of their lives whenever they are ready.

4. Being a Child or an Elderly

If you are a child, you can sue someone who did you wrong. The limit is 2 years. In special cases, if the child has no guardian to proceed with the matter, considering their age can prolong the suing time limit.

If you are old and helpless, you can also get that unlimited period. Everything depends on the consideration of the jury board and the presentation of your case in front of them.

5. Snow or Ice Injury in Winter

In Alberta, you can sue the municipality within 21 days for gross management issues on the road or sidewalk during the time of winter. But in Nunavut, you can sue the municipality for 30 days. It varies in different states.

6. Unknown Fault Party ( hit and run)

Suppose any unknown motorist injures you and damages your vehicles. In that case, you need to submit your plea to the Motor Vehicle Accident Claims Fund (MVACF) with proper evidence of your injury and expanse within 90 days of the accident.

So, the time limit for filing a case solely depends on the severity of the accident. Other options also vary. In these cases, gaining the sympathy of the jury board matters.

How Much Can Someone Sue for a Car Accident?

It depends on the damage control of the vehicle and also the severity of your injury. Normally, the lawyers multiply the medical and repairment expanse with two or three and fix the compensation money. The multiplier varies from minor to major injury. If you want to know How Long after an Accident Can You Sue in Canada then you also understand the payment you may need to make for getting a positive result.

Alberta Traffic Safety Act Fines and Demerits

Being sued for a car accident, what can they take?

If you have enough property in it, they might. For one vehicle, the law exempts up to $15,000 in the property from execution. Therefore, if your car only has a $10,000 value, the judgment creditor cannot seize it. Additionally, if the car is worth $30,000, but you are still making payments on a $28,000 car loan, they cannot take it.

Why Should You Call Your Lawyer?

You may have seen many reasons why you should hire a lawyer for solving your case. However, for dealing with any legal issues, it is wise to take lawyer advice because they know better about these sorts of things. However, in the below section, we have demonstrated three major reasons why you need to call your lawyer whenever you need lawyer help.

First Reason: A lawyer will not just investigate your case. An experienced personal injury has proper connections with the medical teams. They will keep the money matter until you get your compensation. Additionally, they will cut the maximum but true bills for you. They will also save every piece of evidence, and if needed, they will come to testify your situation and case in court.

Second Reason: The sooner you call the lawyer, the better the outcome is. If you delay calling the lawyer, the evidence may get distorted or damaged. So, you may not get the proper treatment and money. So, hurry up and contact a lawyer.

Third Reason: Consulting with a lawyer as soon as possible following the injury is the safest. It will provide you with a sense of how powerful your case is and the limitations of your legal case. Consultations are usually free, and they will supply you with valuable knowledge, particularly though you prefer not to appeal. And if the money is a problem, they will provide an option of paying after the case is won. After getting the compensation, they will demand 30% of the money from the settlement. It is better to loosen up a little rather than go puzzled for not having any experience.


People always ask how long they can sue after the accident and the ins and outs of it. There you have it, the simplified version of the time limit and some other information related to it. It takes hard times and research to figure out the truth for the lawyer.

Just keep patience and do whatever your lawyer suggests. Time limits can be changed according to the judge’s mind and order and the severity of your situation. So, don’t worry about practicing your right even if it is a little late. The valid matter will be considered.

We hope from the above discussion now you know How Long after an Accident Can You Sue in Canada. If you need any legal assistance then contact us using the below form. You can also use our contact details to get in touch with our experienced lawyers.

Frequently Asked Questions

How much can you sue for in Ontario?

In Ontario, the maximum amount you can sue is $35,000. But, the amount is limited for Small Claims Court. If anyone claims more than that, the person must go to the Superior Court of justice.

What is a fair settlement for pain and suffering?

The settlement for pain and suffering depends on the loss or damages. The court will follow the evidence and records presented by the lawyer and decree. Thus, the guilty must pay accordingly. But, undoubtedly, the fair settlement will be the amount that will help the victim recover from the pain and suffering.

How long can you wait to sue someone in Canada?

The basic time limit to sue someone in Canada is two years just after someone filed a case. Or, it can be the very day the event occurred that caused the plaintiff loss or injury or damage. The duration may vary due to different cases and different circumstances. For example, if the case is involved with a minor citizen or who is mentally, physically, or psychologically challenged.

How can you sue someone in Canada?

You must have a logical reason to sue someone. Know what damages the defendant has caused you and which court you must go to for the claim. Hire a lawyer, share your loss and do according to the lawyer’s advice.

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