What happens if I get injured during a tropical vacation?
Imagine you’re on a much-needed tropical vacation. You sustain injuries because of someone else’s negligence. This cuts your enjoyment short and leaves you with a difficult situation.
Let’s assume that you’ve already gotten the immediate medical care you need. Let’s also assume that you can bring your lawsuit in Ontario in the first place. That specific topic is complex, and we’ve written about it in previous blog posts.
You’re now looking for compensation for the injuries you suffered. What are your next steps, and how can you sue for your damages?
When thinking about suing anyone, it’s important to first consider your limitation period. A limitation period is like a clock that starts counting down as soon as someone wrongs you. When this clock strikes zero, it becomes almost impossible to sue anyone for your damages.
The law says that your limitation period differs depending on the jurisdiction where you were injured. For example, in Ontario, section 4 of the Limitations Act, 2002 (S.O. 2002, c. 24, Sched. B) says that the basic limitation period for any claim is two years. If you’ve suffered injuries outside of Ontario, the rules are different.
For example, if your injuries occurred in Cuba, you would have to sue within the time limit required by Cuban law. According to Article 116(d) of the Cuban Civil Code, this time limit is one year. This is much less time than the two years allowed by Ontario law. In the Dominican Republic, the limitation period is even more restrictive. The Dominican Republic requires you to sue within six months of your injury.
We understand that everyone’s case is different. Regardless, knowing your applicable limitation period is always critical. Cases involving injuries outside of Ontario are particularly complex and fact-dependent. If you’re injured outside of Ontario, contact a lawyer as soon as possible to understand your rights and to protect your limitation period.
