Minor in car accident has extended limitation period.

September 30, 2014, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

The Waterloo Region Record reports that a child was hit by a car on Linden Avenue in Kitchener.  The pedestrian – car accident occurred between Michael Street and Oak Street in the afternoon of Monday September 28. 2014.  The child was seriously injured in the car accident and was taken to Grand River Hospital.  The injuries were considered serious but non-life threatening. 

When a minor is injured in a car accident has a claim against another party for causing injuries suffered in the accident, the minor has a longer limitation period to commence a lawsuit against the at fault party.  The minor has two years following his or her 18th birthday in order to bring the claim against the person at fault for the car accident.  The usual limitation period is two years from the date of the car accident or two years from the date you realized that you had a permanent and serious impairment, and therefore a right to sue for general damages.  This latter date is called the discoverability principal.  When did you reasonably discover, or should have discovered, that you had a potential claim against another party.  Limitation periods are very important and you should consult with a lawyer as soon as possible after an accident to determine when your limitation period clock starts ticking.  If you miss your limitation period, for example bring a claim outside the two year anniversary date of the accident, you could lose your right to sue for any losses. 

Robert Deutschmann is a kitchener car accident lawyer.

Posted under Car Accidents, Fractures, Pedestrian Accidents, Personal Injury

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The opinions expressed here, while intended to provide useful information, should not be interpreted as legal recommendations or advice.

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