Different Limitation Periods Considered By A Personal Injury Lawyer In Kitchener
Every personal injury claim lawsuit is required to file within the specified limitation period. This is called the statute of limitation. It varies from one case to another, as well as from one state to another state. This is the deadline that a Personal Injury Lawyer in Kitchener will keep in mind while trying to settle your case out of the court, which is a common process followed by all injury lawyers and most of the cases are resolved in this informal way. However, if you miss the deadline, your case will not be heard in the court of law.
The limitation periods
In order to receive compensation, the Personal Injury Lawyer in Kitchener considers the different limitation periods depending on the particular case. For example, for any average injury claim case, the statute of limitation is usually two years from the date of the injury. This is the time within which you can settle with the insurance company or start a lawsuit against the party at fault. On the other hand, for death claims which are claims made according to the Family Compensation Act. The time limit is two years from the date of death of the injured victim. These claims are made by one of the family members.
Shorter limitation periods
Not all personal injury claim cases will have a two-year limitation period to file a lawsuit. There are specific cases that may have a shorter time limit as well. for example, when you wish to make a claim for a hit-and-run incident, your Personal Injury Lawyer in Kitchener will send a notice to the insurance company within six months from the date of the accident. On the other hand, if you are fighting for your rights against the municipality who is responsible in whole or in part for the accident, you must deliver the written notice within two months after the incident mentioning the place, time and way you have sustained the damage.
Fighting against insurance companies
Sometimes, the insurance companies may deny a claim. The Personal Injury Lawyer in Kitchener will be aware of such situations and will act accordingly. If your claim is denied by the insurance company and as per your insurance policy it is considered to be a breach of the contract of insurance, you should start a lawsuit within two years after the denial. If you are going for no-fault accident benefits, you must serve notice within 30 days and file a proof of claim within 90 days after the accident. As for filing a lawsuit, the limitation period is two years, which, in specific cases of claims, may be extended by another two years, if the state law permits.
Claims by minor and disabled
Claims can also be made by a minor or a person who is legally disabled. For these claimants, the limitation period may not apply, except in few specific claim cases. However, time limitation will be initiated if the insurance company sends a notice to proceed. This formal document sent by registered mail ensures that the claim case will move to litigation. For more information visit here: ABPC Personal injury Lawyer
The limitation periods
In order to receive compensation, the Personal Injury Lawyer in Kitchener considers the different limitation periods depending on the particular case. For example, for any average injury claim case, the statute of limitation is usually two years from the date of the injury. This is the time within which you can settle with the insurance company or start a lawsuit against the party at fault. On the other hand, for death claims which are claims made according to the Family Compensation Act. The time limit is two years from the date of death of the injured victim. These claims are made by one of the family members.
Shorter limitation periods
Not all personal injury claim cases will have a two-year limitation period to file a lawsuit. There are specific cases that may have a shorter time limit as well. for example, when you wish to make a claim for a hit-and-run incident, your Personal Injury Lawyer in Kitchener will send a notice to the insurance company within six months from the date of the accident. On the other hand, if you are fighting for your rights against the municipality who is responsible in whole or in part for the accident, you must deliver the written notice within two months after the incident mentioning the place, time and way you have sustained the damage.
Fighting against insurance companies
Sometimes, the insurance companies may deny a claim. The Personal Injury Lawyer in Kitchener will be aware of such situations and will act accordingly. If your claim is denied by the insurance company and as per your insurance policy it is considered to be a breach of the contract of insurance, you should start a lawsuit within two years after the denial. If you are going for no-fault accident benefits, you must serve notice within 30 days and file a proof of claim within 90 days after the accident. As for filing a lawsuit, the limitation period is two years, which, in specific cases of claims, may be extended by another two years, if the state law permits.
Claims by minor and disabled
Claims can also be made by a minor or a person who is legally disabled. For these claimants, the limitation period may not apply, except in few specific claim cases. However, time limitation will be initiated if the insurance company sends a notice to proceed. This formal document sent by registered mail ensures that the claim case will move to litigation. For more information visit here: ABPC Personal injury Lawyer