The Critical Role of Early Legal Support in Personal Injury Cases
- Yellow Pages Admin
- Nov 20
- 3 min read
When you’re involved in a car accident, the aftermath can be overwhelming. Between medical appointments, insurance paperwork, and emotional stress, it's easy to delay seeking legal advice. But at Littlejohn Barristers, we know from decades of experience that early legal help can dramatically improve the outcome of your case.
The Power of Acting Early
Reaching out to a personal injury law firm immediately after an accident ensures that your rights are protected from the start. In Ontario, strict timelines govern accident benefits and tort claims. Failing to meet these deadlines could result in losing access to compensation entirely.
Early legal intervention helps:
preserve crucial evidence: Photos, witness statements, and accident reports are most accurate when collected promptly.
prevent costly mistakes: Insurance adjusters may pressure you to settle quickly or make statements that could hurt your claim.
secure timely medical documentation: A lawyer ensures your injuries are properly documented, which is vital for proving damages.
In Peixeiro v. Haberman, the Supreme Court of Canada addressed the issue of limitation periods in motor vehicle accident claims and introduced the discoverability principle.
Background:
Mauricio Peixeiro was injured in a car accident in October 1990. Initially, doctors diagnosed his injuries as soft tissue damage. It wasn’t until June 1993, following a CT scan, that a herniated disc was discovered, which indicated a potentially permanent and serious impairment. Peixeiro filed a lawsuit in July 1994, more than three years after the accident.
The defendant, Peter Haberman, argued that the claim was statute-barred under section 206(1) of the Highway Traffic Act, which imposes a two-year limitation period from the date damages are sustained.
Legal Issue:
Did the limitation period begin at the time of the accident, or when the plaintiff discovered the seriousness of his injury?
Decision:
The Supreme Court ruled in favour of Peixeiro, holding that the discoverability principle applies. The limitation period does not begin until the plaintiff knows or ought to know that the injury meets the threshold of seriousness required under section 266(1) of the Insurance Act.
Impact:
This case established that in Ontario, personal injury claims arising from car accidents are not necessarily barred if the full extent of the injury is discovered later. However, it also highlights the importance of early legal advice, since determining whether an injury meets the legal threshold can be both complex and time sensitive.
Navigating Ontario’s Complex Insurance System
Ontario operates under a no-fault insurance system, meaning your own insurer provides accident benefits regardless of who caused the crash. These benefits include income replacement, medical and rehabilitation expenses, and attendant care. However, if another driver was negligent, you may also pursue a tort claim for additional compensation, including pain and suffering or future loss of income.
Understanding the difference between these claims and how to maximize both requires legal expertise. At Littlejohn Barristers, we guide you through every step, ensuring no opportunity for compensation is missed.
Your Trusted Personal Injury Law Firm in Barrie
Located in Barrie, our law firm has recovered heavy settlements for injured clients across Ontario. We focus on personal injury litigation and bring extensive experience handling complex and previously denied claims.
We offer:
free, no-obligation consultations
a compassionate, client-first approach
decades of experience in motor vehicle accident claims
a commitment to securing the best possible outcome for every client
One Accident Can Change Your Life: Learn How Legal Support Can Help You Recover
If you or a loved one has been injured in a car accident, don’t wait. Contact Littlejohn Barristers, your trusted personal injury law firm in Barrie, today. Early legal help isn’t just a smart choice; it’s an essential one.
Call us today to schedule your free consultation and take the first step toward protecting your rights and securing the compensation you deserve.
