A serious accident can change your life in a matter of moments. You may find yourself physically hurt, emotionally drained, and financially stressed. Under Alberta personal injury law, if you were injured due to the negligent or careless acts of another individual or entity, you may be able to seek compensation for your damages.
Oftentimes, filing a personal injury claim is a key step in getting the restitution you deserve. However, in the aftermath of a serious accident, how long you have to file a claim or lawsuit may be the last thing on your mind. That said, Alberta law imposes a limitation period during which you can bring a personal injury claim. The longer you wait, the more difficult it may be to win your case.
The experienced personal injury lawyers at Grover Law Firm stand ready to help you through every step of the injury claims process – ensuring that no important deadlines are missed. Below, we will discuss the personal injury laws in Alberta and how the statute of limitations could impact your case.
Personal Injury Law Explained
“Personal injury” is a legal term that describes a physical or emotional injury. Personal injury law establishes your rights when you are harmed by someone else. Under this aspect of the law, you have the right to pursue a legal claim against the person, company, or entity responsible for your injury.
Personal injury laws govern what constitutes grounds for legal action and who can be held accountable for your losses. Additionally, such laws lay out what must be proven to win your personal injury case successfully and what compensation you may be entitled to receive.
Personal injury lawsuits and civil claims may arise from a wide variety of scenarios and incidents. While the circumstances in each case may be unique, certain steps must be taken to resolve any personal injury claim in your favour. A knowledgeable personal injury lawyer can guide you through each phase of the legal process.
How the Limitations Act Impacts Alberta Personal Injury Claims
In Alberta, the Limitations Act sets various time limits for filing civil claims stemming from personal injury accidents. This means that if you are hurt due to someone else’s negligence but fail to bring a civil claim within the allowed timeframe, then you likely forfeit your right to compensation for your injuries.
The statute of limitations differs depending on the type of personal injury claim. However, in most instances, legal action must be taken within either 2 years of the date the claimant first knew or ought to have known the injury occurred, or 10 years after the claim arose – whichever expires first.
The vast majority of personal injury claims fall within the 2-year limitation period and thus must be filed within 2 years from the date you knew or should have known that:
- The injury or loss occurred
- The injury or loss was caused by another individual or entity’s negligent, reckless, or careless conduct
- The loss or injury warranted bringing legal action
It should be noted that, though you likely know the date the accident took place, you may not initially realize the severity of your injuries. Even seemingly minor accidents can result in injuries requiring extensive treatment and recovery periods. It is in your best interest to seek immediate medical care after any accident – both for your long-term prognosis and to help establish legitimacy in a personal injury claim.
Factors That May Impact the Statute of Limitations
In a personal injury claim, multiple factors can affect the statute of limitations. Depending on where your accident occurred and who was involved, you may have more or less time to file an injury claim legally.
You have a significantly reduced period of time in which to bring a claim in certain types of incidents, such as the following.
When a municipality is involved in an accident case
If you experience an injury on municipal property, you must notify the municipality within 30 days. What’s more, if you are injured on a public sidewalk or road due to ice, slush, or snow, then you are required to notify the municipality of your claim within 21 days.
When you were injured in a hit-and-run accident
If you were injured in a hit-and-run accident, you must notify the Motor Vehicle Accident Claims Program (MVAC) about your potential claim within 90 days of the accident. Failing to notify MVAC can result in your claim being denied.
The limitation periods and time limits that apply to personal injury claims can be confusing. It is advantageous to consult an experienced personal injury lawyer before taking legal action. He or she can thoroughly prepare you for the claim process and ensure that your case is handled in a timely manner as you pursue fair compensation against the negligent parties.
Exceptions to the Alberta Limitations Act
The Limitations Act includes a number of exceptions to the 2-year period during which you can typically bring a personal injury claim. In fact, depending on the circumstances of your case, the limitation period may be waived entirely. Under Alberta law, there is no limitation period if the claim is related to sexual assault or battery.
Further, if the claim involves other forms of assault, battery, or sexual misconduct, the limitation period may not apply when:
- The claimant was in an intimate relationship with the person who committed the misconduct or assault
- The claimant was dependent physically, emotionally, or financially on the person who committed the misconduct or assault
- The claimant was a minor
- The claimant was a person under disability
The Limitations Act is an in-depth piece of legislature with many clauses. If you have suffered injuries in an accident that was not your fault, it is wise to consult an attorney as soon as possible. He or she can explain the litigation process to you and see that the Limitations Act is properly applied to your case.
Use the Time Limit Wisely
Claims based on injuries from motor vehicle accidents, slip-and-fall incidents, and animal bites are some of those most commonly reported in Alberta. As previously stated, in most of these cases, you have just 2 years from the date of the injury, to file your accident claim and pursue compensation for what you have gone through. Generally speaking, it is in your best interest to file your claim sooner rather than later.
Your claim is stronger on the whole when filed sooner for several reasons:
- Promptly filing a personal injury claim will show that you took your injuries seriously from the beginning, so the insurance company will not be able to claim later that you made your conditions up
- If you put off pursuing your claim, the other party may argue that you made your injuries worse by delaying medical care
- The longer you wait to file a claim, the more difficult it will be for eyewitnesses and emergency responders to accurately remember the details of how the accident happened
It is understandable that some important matters may need to be taken care of before you are in the physical and emotional place to file your injury claim. Nevertheless, letting too much time go by can be devastating to your case. It is usually best to take action within a short period in order to successfully recover compensation for your injuries.
Reach Out to Alberta Personal Injury Attorneys for Reliable Advice
A serious car accident or some other kind of personal injury can negatively affect your quality of life in the long run. The Limitations Act may significantly impact the timeline of your personal injury claim in Alberta. If your accident was caused by the negligent or careless acts of another person or entity, it is critical that you take swift action to get the restitution you deserve.
This is no time to go it alone. The personal injury lawyers at Grover Law Firm pride themselves on holding negligent parties responsible for the harm they cause to others. Our legal team is well-versed in the law and adept at handling all manners of personal injury litigation. We are here to answer your questions and build your confidence, as you pursue your injury claim.
Please call us at the number below or fill out our online contact form for a free consultation. Let us help you regain your peace of mind after your accident.