How Long Do You Have to File a Personal Injury Claim in Ontario?

April 24, 2025, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

If you've been injured in an accident in Ontario, understanding the time limits for filing a personal injury claim is crucial. The general rule in Ontario is that you have two years from the date of the incident to initiate a legal claim. This two-year period is known as the "limitation period" and applies to most BUT NOT ALL personal injury cases, including car accidents, slips and falls, and other types of accidents.

It's important to note that there are exceptions to this rule. For instance, if you're suing a municipality (city or town), you have only ten days to provide notice of your claim. Additionally, for accident benefits claims, you must file within thirty days of the accident.

What happens if you don't realize you're injured right away? In such cases, the two-year countdown begins when you discover the injury or should have reasonably discovered it. This is known as the "discoverability principle."

For minors (those under 18), the limitation period doesn't start until they reach the age of majority. This ensures that young people have adequate time to pursue legal action once they become adults.

It's crucial to act promptly, even if you think you have plenty of time. Delaying can harm your case in several ways:

1. Evidence may disappear or degrade over time.
2. Witnesses' memories may fade.
3. You might forget important details about the incident.

Moreover, your lawyer needs time to review your case, gather evidence, and prepare necessary documents. Starting early ensures a smoother process and allows you to focus on your recovery.

Remember, missing the deadline can result in losing your right to seek compensation1. If you're unsure about your situation, it's always best to consult with a personal injury lawyer as soon as possible. At Deutschmann de Koning Law, we're here to help you navigate these complexities and ensure your rights are protected.

About Deutschmann de Koning Law

Deutschmann de Koning Law serves South-Western Ontario with offices in Kitchener-Waterloo, Cambridge, Woodstock, Brantford, Stratford and Ayr. The law practice of Robert Deutschmann and Nick de Koning focuses almost exclusively in personal injury and disability insurance matters. For more information, please visit www.ddinjurylaw.com or call us at 1-519-742-7774.