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“I’m sorry, but you’re out of time”

It is unfortunate that sometimes lawyers have to tell someone who is injured through no fault of their own that he or she is out of time to seek compensation. It happens more often than you think.

The time limit to commence an action for personal injury/damages is governed by legislation. The Limitations Act outlines a series of prescribed times for an individual to start an action. The action must be started within the applicable time limit or the person “…shall not bring an action.” This essentially means that unless the person has caused a Statement of Claim to be issued out of the appropriate court within the applicable time limit, he or she may become statute barred from doing so.

I say “may” because, as always, there are certain exceptions. In some cases, there could be a delay in the applicable limitation period starting. For example, if the person who is injured is a minor, or if there is an issue of discoverability.

Applicable limitation periods are just one more reason why you should seek representation from a team of lawyers who will take the steps necessary to ensure your action is preserved and advanced as required. At O’Dea Earle, we know that when you are injured, time is of the essence, and we work tirelessly to make sure you are protected.

Call O’Dea Earle, while there’s still time to make it our fight.