My child suffered a birth injury 20 years ago. Is it too late to seek legal help?
Discovering that a medical error may have caused your child's birth injury years after the fact is a heavy burden to carry. You might naturally assume that too much time has passed to take legal action. However, it is often not too late to pursue a medical malpractice claim for an older birth injury in Ontario.
Understanding the Limitation Period.
In general, the standard limitation period to file a personal injury claim in Ontario is two years from the date the injury happened. Fortunately, the legal system recognizes that birth injuries are unique and provides crucial exceptions to protect vulnerable individuals.
Key Exceptions That Extend Your Time.
If you are considering an Ontario birth injury or birth trauma lawsuit, these special rules may give your family more time to seek justice:
- Extensions for Minors: The standard two-year countdown pauses for children. The legal clock does not officially begin until your child turns 18. This means a young adult typically has until their 20th birthday to file a claim.
- Permanent Disabilities: Birth injuries frequently cause lifelong conditions. If an individual has a severe permanent physical or mental disability and cannot manage their own affairs, the time limit to file extends indefinitely.
- The Rule of Discoverability: The legal timeline only starts when you reasonably discover that medical negligence actually caused the injury. If a specialist recently linked your child's developmental delays to their delivery, your timeline might just be starting.
Take the Next Step with Gluckstein Lawyers.
Because these timelines are incredibly complex, you should never assume your window for justice has closed. If you suspect medical errors harmed your child, contact Gluckstein Lawyers today. We provide a free, confidential consultation to review your story, answer your questions, and help you secure the lifelong support your family deserves. There are no upfront legal costs to get started.
Expertise.
FAQs.
- Does Gluckstein Lawyers Serve Clients Outside the Greater Toronto Area?
- Yes. Gluckstein Lawyers serves clients across Ontario, not just the Greater Toronto Area. With regional offices in Barrie and Ottawa, plus virtual and remote consultations, you can work with our team no matter where you live in the province. Get More Information
- Is Jellinek Ellis Gluckstein Now Gluckstein Lawyers?
- Yes. As of July 2026, Jellinek Ellis Gluckstein Lawyers simplified its name to Gluckstein Lawyers. It is the same firm, with the same team, experience, and service. Only the name has changed, everything that matters stays exactly the same. Get More Information
- How Does Gluckstein Lawyers Bring Legacy Practices Together Under One Name?
- Gluckstein Lawyers has grown over the years through mergers and name changes, including Jellinek Ellis Gluckstein, Rastin Gluckstein , and Nicholson Gluckstein Lawyers. Today, we operate under one name: Gluckstein Lawyers. The same trusted lawyers and dedicated service continue, now united under a single brand identity. Get More Information
- Does Gluckstein Lawyers Cover Disbursement Costs Upfront?
- Yes. Gluckstein Lawyers advances personal injury lawyer disbursements during your case, covering costs like medical-legal reports, court filing fees, and records. Under our personal injury lawyer contingency fee model, you repay these costs only if we achieve a successful settlement or award. Get More Information
- What Can I Do If I Feel Out of the Loop on My Case?
- If you feel out of the loop, reach out to your assigned contact or paralegal directly. At Gluckstein Lawyers, clear personal injury lawyer communication is a priority, so your team is ready to answer questions, provide updates, and arrange a status call whenever you need one. Get More Information
- How Often Will Gluckstein Lawyers Update Me on My Case?
- At Gluckstein Lawyers, you receive regular personal injury case updates throughout your claim, with additional updates whenever something important happens. You can also reach out and request an update at any time, and our secure client portal gives you ongoing access to your case information. Get More Information
- Does Gluckstein Lawyers Work on a No Win, No Fee Basis?
- Yes. As a no win no fee personal injury lawyer team, Gluckstein Lawyers works on contingency. You pay no legal fees unless we recover compensation for you. In short: if you're not paid, we're not paid. Get More Information
- What Are Legal Fees and Disbursements, and Who Covers the Upfront Costs?
- Legal fees are your lawyer's compensation, charged as a percentage of what we recover for you. Disbursements are separate out-of-pocket case costs. At Gluckstein Lawyers, we advance disbursement costs, and you only pay us when you're paid, nothing upfront. Get More Information
- What Can I Expect After I Sign On With Gluckstein Lawyers?
- Once you sign on, your personal injury lawyer onboarding begins right away. Your dedicated team gets to work gathering information, mapping out your case, and introducing you to the people guiding your file, so you feel supported and informed from day one. Get More Information
- Will I Receive Regular Updates About My Case From Gluckstein Lawyers?
- Yes. Gluckstein Lawyers keeps you informed at every step of your case. Your dedicated team shares proactive personal injury claim updates as key milestones happen, and our secure, cloud-based client portal lets you track your file's progress anytime you want. Get More Information
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