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    mermaid1234's Avatar
    mermaid1234 Posts: 1, Reputation: 1
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    #1

    Feb 12, 2008, 03:29 PM
    What length of time do I have to file a claim in for personal injury?
    I was bitten by a dog and want to have a settlement to have the scar removed.
    I live in Ontario, Canada.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Feb 12, 2008, 06:01 PM
    Quote Originally Posted by mermaid1234
    I was bitten by a dog and want to have a settlement to have the scar removed.
    I live in Ontario, Canada.

    Don't recall the statute of limitations but dog bites are tricky - no guarantee you will receive a settlement. Have you consulted with an Attorney - that's obviously the first step and they can tell you what the statute is.

    A lot depends on the propensities of the dog, the situation, homeowners insurance.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Feb 13, 2008, 11:48 AM
    I looked it up and this seems like a very short statute of limitations - it's basically two years from the date of the incident/loss ("a proceeding shall not be commenced ... after the second anniversary date of the day on which the claim was discovered."

    There is an exception if the person injured was a minor.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #4

    Feb 19, 2008, 09:36 AM
    I don't know if they'll actually grant a judgment for scar removal, because that's technically a cosmetic procedure. Yes, you did not have a scar prior to the dog bite but unless it's causing a serious negative impact, I can't see why they'd award money for that.

    They'll give you a judgment for hospital bills, maybe even "pain and suffering" and what have you... but I don't know about the removal.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #5

    Feb 19, 2008, 10:11 AM
    Quote Originally Posted by this8384
    I don't know if they'll actually grant a judgment for scar removal, because that's technically a cosmetic procedure. Yes, you did not have a scar prior to the dog bite but unless it's causing a serious negative impact, I can't see why they'd award money for that.

    They'll give you a judgment for hospital bills, maybe even "pain and suffering" and what have you.....but I don't know about the removal.

    No, you are incorrect - the scar, plastic surgery to remove it ARE part of the damages - the injured person is entitled by law to be made whole and scar removal is part of the package.

    I don't know if the person who posted is talking about filing against insurance or a homeowner (and it could very well end up to be a settlement, not a judgment) but all medical bills should be paid - not just the hospital - and anything reasonable connected with the injury as well as pain and suffering.

    I also do not know Canadian law concerning vicious propensities and prior bites.

    I am just not certain that this isn't outside the statute which means too late to sue!

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