How Much Time After A Collision Does Victim Have For Filing A Lawsuit?

There is no one answer to that question. The timeline of concern to the victim varies from one location to the next. That is why smart victims make a point of consulting with an attorney. An attorney knows the statute of limitations for the area in which he or she has chosen to practice law.

Exceptions to the statute of limitations for a given municipality.

An injured minor has an added amount of time in which to think about filing a personal injury claim. No one under 18 can file such a claim. Once an injured young person reaches the age of 18, he or she has 2 more years in which to weigh the benefits and drawbacks of filing a personal injury claim.

If someone gets injured due to a mistake made by a municipality, the municipality’s rules give the timeline that must be observed by a potential claimant. Normally, a municipality grants injured victims only a limited amount of time in which to file a claim.

What steps get taken after an injured victim has initiated a lawsuit against the responsible driver?

The victim’s personal injury lawyer in Brampton must prepare a legal complaint, which will be presented to the court. The responsible driver gets served with a copy of that complaint. Then the responsible driver has 20 days in which to respond to the served complaint. Once the court has that response, a deposition gets scheduled.

Following the deposition, the opposing drivers meet in a courtroom, where a trial is taking place. The lawyer for each party makes an opening statement. Then both lawyers get the chance to call and question witnesses. Some trials end with a jury verdict; others end when the presiding judge announces his or her decision. On the other hand, a trial’s end might be sudden, if both sides suddenly feel disposed to reach an agreement.

If someone on either side questions a legal technicality, with respect to the trial’s proceedings, then that same person has the right to request an appeal. If the court schedules an appeal hearing, then the lawyers for each side must work to collect additional evidence. The fact that additional evidence proves helpful to lawyers that must support their clients at an appeal hearing highlights the reason for the limitation period. If there were no statute of limitations, a plaintiff could initiate a lawsuit long after a defendant had committed some offense.

If that were the case, defendants might be unable to gain access to valuable evidence. It might have become lost or mutilated in some fashion. In order to avoid that unwanted situation, the legal system has imposed a statute of limitations, a deadline for victims filing a personal injury claim.

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