If you’ve sustained a concussion as a result of a motor vehicle accident, slip and fall, trip and fall or assault and are considering bringing a lawsuit, there are some important timelines to be mindful of.
Generally, under the Ontario Limitations Act, you must sue someone within two years from the date of your injury. If you do not commence a claim within two years, you are out of time. Some exceptions to the two-year limitation period include if you are a minor or do not have capacity.
You may have additional notice obligations if you sustained an injury on municipal property, or if you slipped and fell on snow or ice on private property:
If your injury was caused or contributed to by municipal property being in a state of disrepair, you must notify the municipality of your intention to sue within 10 days of the incident. If you do not put the municipality on notice, you generally cannot sue them for your injuries. A notice letter must include the date, time and location of the incident. Examples of injury caused by municipal property being in a state of disrepair include slipping and falling on an icy sidewalk, tripping over an uneven sidewalk, or losing control of your vehicle after hitting a pothole in the road.
If your injury was caused by a slip and fall on snow or ice on private property, you must notify the property owner, or someone responsible for maintaining the property, of your intention to sue within 60 days of the incident. If you do not put one of the potential defendants on notice within 60 days, you are generally prohibited from pursuing a claim.
It is important that if you are considering legal action following a head injury you consult a lawyer as soon as possible so they can protect your rights.
If you or someone you know has sustained a concussion or injury and would like a free consultation with a lawyer you can contact Luis Quail of Quail Warfe Kreder LLP at 416-795-0683, lquail@qwklawyers.com or visit www.qwklawyers.com.
Find a Clinic
Near You.
Baseline Testing, Treatment, and Rehabilitation to get you back to work and play
Browse our network of trained multidisciplinary healthcare practitioners that collaborate with physicians to co-manage concussion injuries.