Accidents before June 22, 1990
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If your accident was before June 22, 1990 it is too late to bring a claim
against the person at fault now except in the cases of injured children where
the time limit (which is usually two years) runs from their 18th birthday. There
are cases which say that if you could not reasonably have known
that you should bring a claim for an old accident due to your disability you may still have the right
to sue. It may be worth your time to get legal advice in situations where
this may be the case. An example of this would be if a person is mentally
incompetent, in a coma or has a very
serious brain injury which may have prevented them from being able to consider a
legal claim until much later. If you have a claim pending in Court or may
bring one still for a pre-June 1990 accident there is no limitation on the right to sue for pain and suffering and financial losses. Claims may be brought
for even minor injuries under this system.
Accident benefits from your own insurer would no longer apply now as they were time limited for medical and rehabilitation expenses to four years from the date of the accident. The exception is, if you remain disabled from any employment for which you are reasonably qualified you may still be entitled to received up to $140.00 per week tax free benefit for life. Insurers sometimes reassess these claims or wish to settle them. In such instances you should have legal representation. |