At Grover Law Firm, we understand how overwhelming it can be for an injured person to navigate the complexities of personal injury law following a car accident, slip-and-fall accident, or other unfortunate incident. Many victims are unsure about how long they have to file a personal injury claim in Calgary. Even the most straightforward personal injury cases can be daunting without guidance.
Our team of experienced personal injury lawyers in Calgary is here to help you understand limitation periods and all related timeframes so you can take action and get the compensation you deserve.
This guide will clarify the limitation period for personal injury claims in Calgary, Alberta, and help you understand the importance of acting promptly. We will walk you through the legal process, highlight the importance of gathering as much evidence as possible, and offer insight into how our personal injury lawyers at Grover Law Firm can support you in pursuing maximum compensation.
Meeting Legal Deadlines Is Key to Seeking Justice and Fair Compensation
In Alberta, personal injury victims have limited time to file a claim. Generally, the limitation period is 2 years from the date the injury occurred. If an injured party does not file a claim within this legal timeline, they risk losing the right to pursue any compensation for their injuries and the courts will likely refuse to hear the case. For some claims, such as claims against government entities, different filing timelines may apply.
Being denied the opportunity to seek compensation can be devastating for a victim facing lost wages, medical costs, and out-of-pocket expenses related to recovery. That’s why understanding this timeframe – and taking action as soon as possible – is crucial to protecting your legal rights.
In most cases, the filing period begins on the date the injury occurred, such as the day of a car accident. However, Alberta law allows for certain circumstances where the start date might differ. The limitation period can sometimes start on the “date of discovery,” which is when the injured person becomes aware (or reasonably ought to have become aware) of the injury or its full impact.
For example, certain injuries may not be immediately evident, particularly those involving brain trauma or internal damage. If an injury’s full extent isn’t clear right away, the law may allow for a delayed start to the limitation period based on the date the injury was discovered.
Working with an experienced personal injury lawyer can help ensure you’re adhering to the correct timeline and gathering relevant documentation to support your case.
Exceptions to Filing Deadlines
Sometimes, there are exceptions to legal filing time limits. For example, suppose an injured individual is mentally incapacitated and unable to understand the legal process or make decisions on their own – due to the accident itself or other reasons. In that case, the limitation period can be suspended until the person can proceed with a claim or a legal guardian is appointed to act on his or her behalf.
What if the injured person was a minor at the time of the accident? The limitation period may be extended until 2 years after he or she reaches the age of majority.
It should be noted that exceptions to filing deadlines are rare and only apply in specific cases. Without a valid reason, the court typically holds fast to the limitation period, ensuring that all cases are treated with consistency under the law. A personal injury lawyer can help you understand what legal deadlines apply to your situation.
Why the Court May Refuse to Hear Late Claims
Courts have a strict policy about refusing to hear claims filed after the expiration of the limitation period. Limitation periods exist to ensure that legal matters are addressed while evidence is still fresh, witnesses are available, and memories are clear.
Late claims can also place an unfair burden on defendants, who might struggle to defend themselves effectively due to the passage of time. In the case of personal injury, for instance, an insurance company may have difficulty obtaining accurate details of the accident or injuries if the claim is delayed. Courts maintain these deadlines to support fair litigation for both parties and uphold the integrity of the judicial process.
Additionally, legal certainty is important to foster a sense of closure for all parties involved. Once the limitation period has passed, defendants can be assured that they won’t face future litigation over the matter, while plaintiffs understand that they must act within a specific timeframe to maintain their right to sue. This predictability is essential for all involved parties, providing stability and reducing long-term legal conflicts.
You Must Act Quickly to Protect Your Right to Compensation
It takes time to build a strong personal injury case, especially given the challenges of gathering evidence, dealing with medical appointments, and negotiating with insurance companies. While it’s not easy to think about filing a claim when you’re recovering, a timely approach can significantly impact the outcome of your case.
For example, as much evidence as possible must be gathered to support your case. However, doing so can be challenging if you wait too long.
With time, crucial evidence like witness testimonies may become less reliable. You must act quickly to file a personal injury claim to avoid losing valuable evidence.
If you have missed work due to your injuries, keep detailed records of your lost wages. Additionally, taking photographs of the incident scene, any visible injuries, and the property damage will further support your claim. Injured persons are encouraged to save all receipts, appointment summaries, and any correspondence with the insurance company as this information can be instrumental in proving damages.
If you’re unsure about what constitutes valid evidence, a personal injury lawyer can help guide you through the process. Your legal team can also assist you by collecting police reports, photographs of the incident, medical records from treatment providers, and documentation of any out-of-pocket expenses related to your injuries. With your lawyer’s assistance, you will be better positioned to address any challenges posed by the insurance company or opposing party and present a persuasive case in court if needed.
What Is Involved in Filing a Civil Claim?
Once you are prepared with evidence and documentation, the next step is filing your personal injury claim. At this stage, you officially notify the other party (or defendant) that you intend to seek compensation for the injuries caused by the incident. Although the 2-year period allows some time, filing as soon as possible after the injury occurred increases your chances of success.
The litigation process for personal injury matters in Calgary can be complex, but an experienced personal injury lawyer will ensure each aspect of your claim is addressed. This process involves serving notice to the opposing party and preparing for potential court actions.
Remember, this process isn’t just about paperwork – it’s about demonstrating the impact of your injuries and securing the compensation you need.
Take the First Step Towards Recovery With Grover Law Firm by Your Side
If you or a loved one has been injured in an accident, remember, time is of the essence. Filing your claim within the stipulated time frame is essential to ensure you receive the maximum compensation you deserve for your injuries, lost wages, and out-of-pocket expenses. Our dedicated lawyers are well-versed in the intricacies of personal injury law and can guide you through the legal process with compassion.
At Grover Law Firm, we know the challenges and emotional toll that personal injuries can bring. You don’t have to face this journey alone; our team of experienced personal injury lawyers is here to help you every step of the way.
We believe that every injured person deserves the chance to recover without the added stress of handling complex personal injury law matters. That is why we offer you a free consultation to discuss your situation and outline your options.
Together, we can create a tailored plan that addresses your needs and fights for your best interests. With our personalized approach, we will ensure you stay informed, supported, and prepared throughout your case.
If you are unsure about how long you have to file a personal injury claim in Calgary, don’t wait. Let’s work together to ensure that your voice is heard and your rights are protected.
You deserve justice and the peace of mind that comes with knowing you have a trusted ally by your side. So contact Grover Law Firm today to schedule a free consultation and learn more about your rights, options, and the steps needed to file a successful personal injury claim.