Legal Time Limits for Filing Different Types of Accident Claims: What You Need to Know – Guest Post

When someone is injured in an accident, the law gives them the right to pursue compensation for their injuries and losses. However, this right does not last forever. Every province and territory in Canada has strict legal time limits, also known as limitation periods, that determine how long a person has to file different types of accident claims. Missing these deadlines can prevent you from receiving any compensation, regardless of how strong your case may be.

Understanding accident claim deadlines is essential — whether the injury comes from a car accident, a slip and fall, a cycling collision, an assault, a medical malpractice error, or a public property injury. This guide explains the most common limitation periods, why they exist, and how they apply in Ontario.

Why Legal Time Limits Matter in Accident Claims

Legal deadlines ensure that claims are filed when evidence is still available and memories are fresh. These rules help prevent disputes, reduce fraud, and keep the justice system efficient.
If someone waits too long to start their claim:

• Insurance companies may automatically deny compensation
  
• Courts may refuse to hear the case
  
• Vital evidence like medical records or surveillance footage may no longer exist
  

For anyone injured, knowing the deadline early can make the difference between a successful claim and a lost opportunity.

General Limitation Period in Ontario

In Ontario, the standard limitation period is two years. This means that most accident victims have up to two years from the date of the accident to start a claim.

This 2-year deadline applies to many types of personal injury claims, including:

• Motor vehicle accidents
  
• Bicycle accidents
  
• Motorcycle accidents
  
• Slip and fall injuries
  
• Workplace injuries involving a third party
  
• Dog bite injuries
  
• Product liability injuries
  
• Most negligence-based injuries
  

However, several special rules apply depending on the type of accident, who is involved, and where the accident occurred.

Legal Time Limits by Type of Accident Claim

1. Car Accidents and Motor Vehicle Collisions

Car accident claims involve two main deadlines:

• 7 Days: Notify your insurance company

Accident victims must inform their insurance provider within 7 days of the collision.

• 30 Days: Submit the Accident Benefits Application

The OCF-1 form must typically be submitted within 30 days.

• 2 Years: File a lawsuit

If you are suing an at-fault driver, you must start your lawsuit within 2 years from the date of the accident.

These rules apply to:

• Rear-end collisions
  
• T-bone accidents
  
• Head-on collisions
  
• Multi-vehicle crashes
  
• Pedestrian or cyclist impacts
  

Delays beyond these timelines may result in loss of the right to sue.

2. Slip and Fall Accidents on Private Property

For injuries on private or commercial property (stores, parking lots, restaurants, rental housing):

• 2 Years: File a claim

The limitation period is two years from the date of injury.

However, when the slip and fall occurs due to snow or ice, Ontario law requires a quicker notice.

3. Slip and Fall on Snow or Ice (Municipal or Private Property)

For falls involving snow or ice:

• 60 Days: Written notice required

Victims must send written notice to the property owner, occupier, or contractor within 60 days of the fall.

Failure to give notice can make it difficult to pursue the claim later.

4. Accidents on Municipal Property (Sidewalks, Roads, Public Parks)

When a fall or injury occurs on a municipal sidewalk, roadway, or other public area:

• 10 Days: Written notice to the municipality

Ontario’s Municipal Act requires injured people to notify the city within 10 days.

This timeline protects municipalities from surprises and allows them to investigate quickly.

• 2 Years: File the lawsuit

Even with the 10-day notice, the final deadline to sue is still 2 years.

5. Medical Malpractice Claims

Medical malpractice cases have more complex timelines because the injury may not be immediately noticeable.

Ontario follows the “discoverability rule”:

• 2 Years From When the Injury Is Discovered

The clock starts when a patient knew or should have known that they were harmed by medical treatment, misdiagnosis, or negligence.

Examples include:

• Surgical errors
  
• Medication mistakes
  
• Birth injuries
  
• Delayed diagnosis
  
• Hospital negligence
  

There is also an ultimate 15-year limitation period that applies no matter what.

6. Product Liability Claims

Injury caused by defective or dangerous products — such as faulty electronics, unsafe appliances, contaminated food, or malfunctioning auto parts — must be filed within:

• 2 Years from the date you knew about the injury

If the injury appears gradually (e.g., toxic exposure), discoverability may also apply.

7. Dog Bite and Animal Attack Claims

Ontario’s Dog Owners’ Liability Act holds owners responsible.

• 2 Years: Standard limitation period

Time begins on the date of the dog bite or attack.

8. Assault, Abuse, and Intentional Harm Claims

For assault-related injuries, deadlines depend on the circumstances.

• No limitation period for sexual assault:

• Children
  
• People under the authority of the abuser
  
• Adults who experienced physical, psychological, or emotional abuse
  

• 2 Years for other types of assault unless exceptions apply.

9. Wrongful Death Claims

Family members pursuing compensation after the death of a loved one due to negligence have:

• 2 Years from the date of death

This applies to fatal motor vehicle accidents, medical errors, unsafe conditions, and workplace negligence involving third parties.

Key Factors That May Change Accident Claim Deadlines

Certain conditions can extend or shorten the limitation period:

1. The victim was a minor

The clock does not start until the child turns 18.

2. The injury was not immediately discoverable

Discoverability rules can extend deadlines.

3. Mental incapacity

The limitation period may be paused.

4. Claims against government bodies

Tighter rules apply, such as the 10-day municipal notice requirement.

5. Claims involving insurance disputes

Benefits denial claims also follow unique timelines.

How to Protect Your Right to File an Accident Claim

Regardless of the type of accident, certain early steps help protect your rights:

• Report the accident as soon as possible
  
• Preserve evidence (photos, videos, medical reports, witness details)
  
• Maintain all receipts and documents
  
• Monitor symptoms and attend medical appointments
  
• Understand your filing deadlines
  
• Seek legal guidance early (even a quick consultation helps clarify timelines)
  

Even though this blog is informational, many people do speak with a Personal Injury Lawyer in Brampton to better understand their specific timelines since each case is different.

Conclusion

Legal time limits for filing accident claims are strict, and failing to act within the required period can result in losing the right to pursue compensation. Whether the injury came from a car crash, a slip and fall, a medical error, or an unsafe product, knowing the limitation periods helps individuals take timely action.

Understanding these deadlines empowers accident victims to protect their legal rights, preserve evidence, and make informed decisions about the next steps after an injury.