Can I Still File a Personal Injury Claim for Delayed Injuries in Toronto?

Yes, you can still file a personal injury claim for delayed injuries in Toronto, even if your symptoms or pain did not appear immediately after the accident. It’s not uncommon for injuries to manifest hours, days, or even weeks later, especially after a car accident, where adrenaline and shock may initially mask pain.

Here’s what you need to know about filing a personal injury claim for delayed injuries in Toronto:

Understanding Delayed Injuries

In the aftermath of an accident, certain injuries like whiplash, concussions, soft tissue damage, or even emotional trauma can take time to become noticeable. This is why it's essential to monitor your health closely in the days and weeks following the accident. If you begin to experience new symptoms, it’s crucial to seek medical attention immediately.

Understanding the Statute of Limitations for Personal Injury Claims in Ontario

The general rule for personal injury claims, including car accidents and slip-and-fall cases, sets a two-year limitation period. This means that you have two years from the date of the injury or the date you discovered the injury to file a legal claim. However, the concept of "discovery" can be complex, as some injuries or conditions may not show symptoms immediately. In such situations, the limitation period starts when the injured person becomes aware, or reasonably should have become aware, of the injury.

While the two-year limit is standard, there are exceptions that can extend the timeline. For example, if the injured person is a minor (under 18) at the time of the injury, the limitation period doesn’t begin until they turn 18. Similarly, if an individual is mentally incapacitated and does not have a litigation guardian, the limitation period may be paused or extended.

Steps to Take for a Successful Claim

If you’re filing a claim for delayed injuries, it’s important to follow these steps to strengthen your case:

1. Seek Medical Attention: As soon as you notice any new symptoms or pain, visit a healthcare provider to get a diagnosis. Medical documentation of your injuries is critical evidence in your personal injury claim.
2. Notify Your Insurance Provider: Even if the injury manifests later, inform your insurance company as soon as possible. Be honest about when your symptoms appeared and how they may be related to the accident.
3. Consult a Personal Injury Lawyer: Delayed injury claims can be more complex because they require demonstrating that the injury is linked to the accident, even if the symptoms appeared after some time. A personal injury lawyer can help you navigate this process, gather evidence, and negotiate with the insurance company to ensure you get fair compensation.

Compensation for Delayed Injuries

If successful, you may be entitled to compensation for:

• Medical expenses related to the injury
• Rehabilitation and therapy costs
• Lost wages if the injury affected your ability to work
• Pain and suffering

Gathering evidence for personal injury claims in Ontario

Collecting thorough and accurate evidence is a critical component of the claim process. You will need to gather:

• Medical records: Documenting your diagnosis, treatment, and the extent of your injuries is vital.
• Accident reports: This could include police reports or other official documentation detailing the incident.
• Witness statements: Accounts from people who saw the accident or its aftermath can support your case.
• Photos and videos: Visual evidence of the accident scene, injuries, and property damage can strengthen your claim.
• Expert testimony: In some cases, expert witnesses, such as medical professionals or accident reconstruction specialists, may be necessary to prove negligence or the extent of damages.

Gathering this evidence early on will improve your chances of a favorable outcome and may help in negotiating a settlement without the need for lengthy litigation.

Personal Injury Lawyer Toronto

If you need assistance with your claim, contact us for a free consultation. Our team is ready to provide the legal representation you need to secure fair compensation for your injuries. Let us help you understand your rights and the steps to take in your case.