Understanding Limitation Periods in Ontario Personal Injury Claims

February 03, 2026, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

One of the most common and costly mistakes injury victims make is waiting too long to speak with a personal injury lawyer. In Ontario, strict legal deadlines—known as limitation periods—govern how long you have to start a personal injury lawsuit. Missing a limitation period can permanently eliminate your right to compensation, regardless of how serious your injuries may be.

Under Ontario’s Limitations Act, 2002, most personal injury claims must be started within two years of the date the claim is discovered. Importantly, discovery does not always mean the date of the accident. The clock generally starts when a reasonable person knew, or ought to have known, that:

1. They suffered an injury,
2. The injury was caused by another party’s negligence, and
3. A legal claim would be an appropriate remedy.

This distinction matters in cases involving delayed symptoms, such as concussions, chronic pain, or psychological injuries. It can also apply in medical malpractice claims where the harm may not be immediately obvious.

There are limited exceptions to the two-year rule. For example, limitation periods may be paused for minors or individuals who lack litigation capacity. However, these exceptions are narrow and highly fact-specific. Relying on them without legal advice is risky.

Insurance companies are fully aware of limitation deadlines and may delay negotiations or communications in the hope that a claimant runs out of time. This is why early legal guidance is critical.

At Deutschmann de Koning Personal Injury Law, limitation periods are assessed at the very start of every file. The firm’s lawyers understand how Ontario courts interpret discoverability and take proactive steps to preserve clients’ rights. Their experience spans motor vehicle accidents, slip and fall injuries, workplace incidents, and catastrophic injury claims.

If you were injured and are unsure how much time you have, speaking with a lawyer promptly can make the difference between securing compensation and losing your claim entirely.

For related guidance, you may also find it helpful to read:

• Why You Should Be Careful When Speaking With Insurance Adjusters
• Hit-and-Run Accidents in Ontario: Your Legal Options

To learn more about your rights after an injury, visit the Personal Injury Law section at

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.