A personal injury lawyer in Hamilton.
We work with people across Hamilton, Stoney Creek, Ancaster, Dundas and Grimsby. If you cannot come in, we come to you or talk by phone.
Who calls us
- People hurt in a car crash on the Linc, the Red Hill or a city street
- Cyclists and pedestrians hit by a vehicle
- People whose insurer has gone quiet after the forms went in
- Families after a serious injury
What each date is for
Basic limitation period to start a lawsuit. Limitations Act, 2002, ss. 4–5
- Tell your own insurer
- If you intend to apply for accident benefits, tell your insurer no later than the seventh day after the crash, or as soon as practicable after that. O. Reg. 34/10, s. 32(1)
- Notice to a municipality
- If a road or bridge in disrepair is part of the claim, written notice has to reach the municipal clerk within 10 days of the injury. A judge can excuse late notice in some cases, and the limit does not apply after a death. Municipal Act, 2001, s. 44(10)
- Notice to the other driver
- Before suing over a car crash, written notice of the intention to sue goes to the defendant within 120 days, and you must have applied for accident benefits. Insurance Act, s. 258.3(1)
- The benefits application
- The completed application goes to the insurer within 30 days after its forms arrive. O. Reg. 34/10, s. 32(5)
- Starting a lawsuit
- The basic limitation period is two years from the day the claim was discovered. Limitations Act, 2002, ss. 4–5
Questions people ask
Does the two years always start on the day of the crash?
Not always. It runs from the day the claim was discovered: the day you knew, or reasonably ought to have known, about the injury and who caused it. Limitations Act, 2002, ss. 4–5
What if a pothole or a broken road caused it?
A claim against a municipality for a road in disrepair needs written notice to the clerk within 10 days of the injury. A judge can excuse late notice where the municipality is not prejudiced. Municipal Act, 2001, s. 44(10)
Do I have to apply for accident benefits before suing?
Yes. An action over a car crash cannot start until the plaintiff has applied for statutory accident benefits and given the defendant written notice. Insurance Act, s. 258.3(1)
Talk to someone about the dates.
Tell us the date of the crash and what has happened since. We check the time limits first, then the insurance, then the rest.
Or call 905-555-0164 · help@kessock.example