When it comes to personal injury lawsuits, British Columbian law dictates certain time-spans within which the injured can file their claims. This time-span is also referred to as a limitation period, and for adult claimants, the general limitation period is two years from the day they recognized that they were injured. Once the deadline has been passed, the plaintiff will no longer be able to take legal action against the at-fault party responsible for their injuries.
However, it should be noted that things can differ in cases of medical malpractice, since some of the injuries resulting from medical malpractice can result in late onset consequences and symptoms, which can lead to courts accepting a claim filed past the usual two-year deadline.
Why Children Are Not Limited To The Same Time Constraints
When it comes to injuries sustained by children, the child’s litigation guardian is free to file a claim on their behalf at any point before the child reaches nineteen years of age. When the injury was sustained does not matter in this case as the after effects can be felt later. Thus, there is leeway in age and statute of limitations when childhood injuries are considered.
Once the child has turned into a young adult in the eyes of the law at age nineteen, they will still have two years to file a lawsuit in connection to their sustained injury, even if that injury was caused by medical malpractice during their own birth.
Why You Should Still Hire A Lawyer
Even if there are still many, many years left before the limitation period runs out, you should still hire a Personal Injury Lawyer Victoria to help you build your case. After all, you cannot have a case without solid evidence. Evidence which needs to be gathered and preserved over time, from when the injury occurs, all the way to the day the lawsuit is filed. Lacking evidence will significantly decrease chances of maximum compensation.
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Additionally, it is wise to know the exact deadlines surrounding your case so you can lay out a schedule and maximize your chances of success. However, lawyers are not just helpful when it comes to consultation, but also when it comes to contacting expert witnesses, taking over correspondence with insurance companies, gathering medical reports, and so and so forth. Furthermore, most lawyers will work on a contingency basis, which means there are now fees for you to worry about. Your ICBC Lawyer Victoria will only be paid if the case is won, and based on a previously agreed upon percentage of the settlement amount. Thus, you don’t have to worry about upfront payments.