Can I Still Sue If I Didn’t Report My Injury When It Happened?
When you are injured, whether in a car accident, at work, or while on someone else’s property, your first instinct may not be to file a report, give written notice, or to commence legal action.
In the chaos and stress of the moment, it’s common for people to delay documenting what happened to focus on the acute stages of their recovery. But what if days, weeks, or even months have passed, and you’ve only just realized the full extent of your injuries? Can you still sue even if you didn’t report the injury when it happened?
The answer isn’t always straightforward, and it depends on several factors including the circumstances of the injury, applicable laws, and how much time has passed.
Basic Limitation Period
Generally, someone looking to pursue damages in the wake of an injury has 2 years to start an action. However, in some instances, notice to the at-fault party well within this timeframe, as noted below, is crucial to the viability of the action.
Slip & Falls
If you are injured after tripping over uneven ground or slipping on an icy patch of pavement, your time limit in reporting the incident will turn on the type of property the fall took place on. If the property is owned privately, the injured party must give written notice to the owner within 60 days. If you fall on public property, such as a sidewalk, you may only have 10 days to provide the municipality of the incident.
Claims against the Province
Let’s say you are driving along a public highway and you get into an accident due to poor maintenance of the road or improperly placed signage. We will assume that the Highway is within the jurisdiction of the Province. Here, your legal claim would be against the Province through the Ministry of Transportation, who is entitled to notice the incident within 60 days.
Injuries at Work
Injuries sustained while working have different implications regarding legal recourse. If your work-related injury falls within the gambit of the WSIB, you will have 6 months from the date of the injury to file a claim. For more information on injuries sustained while working, click here.
Notifying your Own Insurer
In motor vehicle accidents, the notice required before commencing a claim is only relevant to the calculation of pre-judgment interest, which is rarely a significant issue. However, it is immensely important to report the accident to your own insurance company as soon as possible. Under your auto-insurance policy, after sustaining injuries in a car accident, you have access to accident benefits providing benefits for medical care, rehabilitation, income replacement, and other compensation.
You must apply for accident benefits within 30 days of the accident, subject to some allowance for delays based on a reasonable excuse.
Missing one of these reporting deadlines does not always bar you from pursuing legal action – but it can complicate matters significantly. No matter the circumstances of your injury, understanding the applicable time limits and taking timely steps can be crucial to preserving your right for compensation.
If you have missed a reporting deadline, do not assume all is lost, consulting with a personal injury lawyer promptly can help you assess your options and determine the best course of action. Ultimately, acting quickly and getting the right legal advice can make all the difference in securing a positive resolution.
Written By
Bennet strives to support those who have been seriously injured by helping them traverse legal obstacles standing in the way of their recovery. He takes immense gratification in helping his clients obtain the compensation they are entitled to.
Bennet joined Oatley Vigmond as a junior law clerk in 2020 and returned as summer student in 2022 and 2023. Upon his call to the bar in 2024, he joined the team as an associate lawyer.