What are the time limits for a Personal Injury Action

When people are injured in an accident that is not their fault, there are deadlines for taking legal action. Generally the default deadline is two years from the car accident, slip and fall, dog attack or disability insurance cut off. If you are a child under the age of 18, the limitation period may not run until you are 18

However there are some important exceptions to the 2 year rule, as well as certain notification provisions before you can sue.

 If you slip and fall on a city sidewalk, you have to notify the Municipality in writing in 10 days of your intent to seek compensation for a personal injury. If you are suing the Crown, you have other notice provisions that you must comply with before you can sue. Prior to starting a lawsuit for car accident benefits, you must have filed for mediation.

In some cases these notice provisions are strict as to what the notice must contain. Failure to give proper notice can bar your claim or hurt your recovery, for example by denying you pre-judgment interest.

You should therefore speak with a lawyer as soon as possible after and accident to make sure you comply with all notice requirements. Most lawyers offer a free no obligation consultation.

Andrea Girones is a personal injury lawyer in Ottawa, visit her website at www.girones.ca

What to do at the scene of a car accident?

There are some keys things to do at the scene of an accident.
1) Make sure everyone is OK. If need be, call an ambulance and police to the scene. If the cars are drivable or on a  highway or other busy location move off to the side of the road to a safer location.

2) Call the police if the car damage is significant or there are injuries involved. Sometimes you can file a police report later at the station if the damage is minimal, but you need to make sure you have all the information of the other drivers (see item 3.)

3) Exchange information with the other driver(s), including name, address, date of birth, phone number, license plate number, type, colour and make of vehicle, insurance policy number and insurance company name. You will need all this to file a police report and insurance claim.

4) Call your insurance company to report the accident. You will deal with different adjusters for property damage and no-fault accident benefits. Ask about rental car coverage, deductibles and where and how to repair the vehicle.

5) For property damage make sure your insurance company inspects the car before repairs start. Typically you can choose your own repair shop, but make sure the work estimate is approved by the insurance company before work begins.

6) If you are injured, ask for an application for accident benefits, and make an appointment to see a doctor to have the forms filled out. The application for accident benefits is large, complicated and can be intimidating. If you or a family member requires help filling out the forms, usually the adjuster can help you if you ask.

7) Be careful when giving signed statements to and signing medical authorizations for insurance adjusters. Seek legal advice if you feel pressured by adjusters to do things you are not comfortable with.  Most lawyers will provide a free initial consultation.

Andrea Girones is a personal injury lawyer in Ottawa, visit her website at http://www.girones.ca/